<>..^^h 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


'■™  |||M 

■  m 

"     116 


IIIIM 

112.2 
IZO 

1.8 


1.25 

1.4 

1.6 

-*• 6"      

► 

♦ 


^^ 


/, 


o 


7 


/A 


Photographic 

Sciences 
Corporation 


23  WrST  MA'V  STREET 

WEBbTEP.N  'j    14580 

(710)  8/2-4503 


c^- 


Qr 


Va 


^ 


^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 
D 
D 
D 
D 
D 
D 
□ 


D 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommagee 

Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul6e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  geographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relie  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout6es 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  ete  filmees. 


L'Institut  a  microfilm*  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  :;ui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m6thode  normale  de  filmage 
sont  indiqu^s  ci-dessous. 

□    Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommagees 

B    Pages  restored  and/or  laminated/ 
Pages  restaur^es  et/ou  pelliculees 


s/ 


Pages  discoloured,  stained  or  foxed/ 
Pages  d^colorees,  tachet^es  ou  piquees 


j      I    Pages  detached/ 


0 


Pages  detachees 


Showthrough/ 
Transparence 


□    Quality  of  print  varies/ 
Qualite  inegale  de  I'impression 

I      I    Includes  supplementary  material/ 


D 


Comprend  du  mat6riel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  i  nouveau  de  facon  d 
obtenir  !a  meilleure  image  possible. 


□ 


Additional  comments:/ 
Ccmmentaires  supplementaires: 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqu6  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

J 

12X                              16X                             20X                              24X                             28X                             32X 

The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  film6  fut  reproduit  grdce  d  la 
g6n6rosit6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6td  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  w'th  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —♦►I meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  filmds  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
pre.Tiidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  appara<tra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — •-  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Stre 
filmds  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  etre 
reproduit  en  un  seul  clich6,  il  est  filmd  d  partir 
de  Tangle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

2 

3 

32X 


1  2  3 

4  5  6 


I  t  r,  c.  I 


.0. 


50th  CONGRESl?. 

2d  Session. 


SENATE. 


S  Ex.  Doo. 
♦  No.  106. 


M  E  S  S  A  G  E 


FUu.M  inv. 


PRESIDENT  OF  THE  UNITED  STATES, 


TKANSMITTIXG, 


Jn  respoiue  to  Senate  resolution  o/  Ja»ntiry  2,  1880,  a  report  upon  the  neat 

Jinherien  in  Berimj  Sea. 


iy 


Fkhruary  IJ,  1KS9. — Rtiferred  to  tiio  Comniittoe  on  Foreign  Hclatioiisand  ordered  to 

1)0  printed. 


i 


To  the  Senate: 

I  herewith  transmit,  in  reply  to  the  resolution  of  the  Senate  of  the 
2d  ultimo,  a  report  from  the  Secretary  of  State,  with  accompanying 
documents,  in  relation  to  the  seal  fisheries  in  Berinj;  Sea. 

Groveu  Cleveland. 
Executive  JNIansion, 

February  12,  1889. 


To  THE  President: 

On  the  2d  of  January'  last  the  Senate  adopted  ti-e  following  I'esolu- 
tiou: 

Jt'csolrcd,  That  the  President  of  the.  United  States  be  reo 'lestod.  if  not  ineonijiatiblo 
wilh  the  public  interest,  fo  connnuniijato  to  the  Senate  all  correspondence  which  may 
have  taken  place  with  the  Government  of  Great  Britain,  in  ic^^ard  to  the  riglit  of 
tithing,  takinff  seal,  or  navigaling  in  IJering  Sea,  or  in  any  waters  adjacent  tlien-to; 
also  the  circumstances  in  regard  to  tiio  seizure  or  release  of  any  British  vesstds  in  or 
ni'ar  saiil  waters  by  the  United  States;  also  all  regulations,  rules,  or  direuti.)ns  which 
may  have  been  promulgated  by  tlie  Govcrunient  dI'  the  United  States,  or  jiny  Depart- 
ment thertiof,  in  relation  to  tishing  or  taking  seal  in  said  sea  or  waters;  also  to  inform 
the  Senate  whether  any  rules  or  regulations  concerning  such  (ishiug  or  taking  seal 
are  oiilorced  against  citizens  or  vessels  of  the  United  States  which  are  uoi  enforced 
against  the  citizens  or  vessels  of  other  countriea. 

This  resolution  having  been  referred  to  the  undersigned,  ho  has  tlio 
honor  to  submit  herewitli  the  corre.si)ondence  n^iuested.  In  addition 
to  that  which  conies  strictly  within  the  terms  of  tlie  resolution,  there  sire 
also  transmitted  other  correspondeiu'e  and  documents  which  throw  light 
upon  certain  general  questions  involved.  As  heretofore  announced  to 
Congress,  negotiations  are  pending  with  a  \iew  to  the  protection  of 
seal-life  in  JJering  Sea  by  international  arrangement.  Enough  of  tho 
correspondence  to  disclose  the  general  purpose  and  scoiie  of  tlu^  arrange- 
ments sought  for  is  herewith  submitted.  Other  correspondence  on  tho 
subject,  of  a  conlidendal  character,  und  as  yet  incomplete,  exists,  but 
il8  publication  at  the  present  time  and  pending  negotiations  is  not  con- 


2 


SKAL    FJSIIKKIES    I\    IJEHIXG    SKA. 


Kidereil  to  be  compaliblc  witli  lli<^  public;  interest.     None  of  the  corre- 
Kl>oii(lenco  80  witlilicltl,  however,  hius  relation  to  the  orders  jjiven  for  the 
rejjuliition  of  the  seizure  of  vessels  en*;iij>e«l  in  sealing'  in  Bering  Sea. 
llespc'Ctfiillv  submitted : 

T.  F.  IUyard. 
Department  of  State, 

\V(tnhin(jt»n,  Fthruari/  ]!.',  1S.S!». 


l.hsT  t)F  JXCLosiiiES. 
r.viiT  f. 

('orvcKjuiiidrnce  rcldlirc  to  llic  Hiiciirc  of  llritinh  xealinij  ri-suvh  in  Itcriiuj  Sea. 


No. 
No. 
No. 
No. 
No. 
No. 
No.    7 
No.    .->, 
No.    '.), 
No.  10 
No.  11. 
No.  1-2. 
No.  i:?. 
No.  14. 
No.  If). 
No.  IB. 
No.  17. 
No.  H. 
No.  i;>. 
No.  W. 
No.  "21. 
No.  'J-i. 
No.  2;i. 
No.  y. 
No.  ^-y. 

No.  yi;. 

No.  '27. 
No.  '28. 
No.  '20. 
No. :{(). 
No.  :il. 
No.  :t2. 
No.  ;5:j. 
No.  :m. 
No.  :!.->. 

No.  :5(i 
No.  Ii7 

No.  ;5H. 

No.  :w. 

No.  '10. 
No.  41. 
No.  4-2. 
No.  4:5. 
No.  44 
No.  4.") 
No.  4(i. 
No.  47. 
No.  48. 
No.  4'.) 
No.  .'>0, 


Sir  L.  ."S.  Siul;vill(;  West  to  Mr.  niiyunl. 
Mr.  l!a,V!!nl  to  Sir  L.  S   S;icKvi!lc  West. 
M;ir(|ui.-;  vl'  S:'li>liin'v  lo  Sir  E.  .S.  ,S;icisvi 
Sir  L.  S.  S;ic  iviUi!  W.'st  lo  Mr.  HiiViird. 
Siiliii'  loMiiiii'.      ()L'tiilicr  .|,  1:^-^7 , 


April  1'2,  ISSr. 
.July  S,  IS'?^. 
•July  11,  l.S'^-. 
Aiij^ust  11,  1H87. 
.Anmi.sf  i:5,  1887. 
Ic  A\'fKt.     Scpti'inlitT 
Si'iiti'iiihcr  "21),  1*"7. 


, 


to,  1>: 


Air.  Iii)y;ini  to  .Mr.  (i;irl;UHl.     aiiiv  '2'.',  |f<-'.'-. 

.Mr.  (JaihuKl  to  Mr.  I'.avard.     May  lil.  IS88. 

Sir  E.  S.  S:i(kvill(>  West  to  Mr.  Hayjird.     August  (>,  1868. 

Mr.  l!!iyitr<l  to  Mr.  .Icnks.     An^usi  8,  I.588. 

Mr.  llaVanl  to  Sir  1^.  S.  Sackvilio  Wfst.     August  8,  1888. 

.Mr.  .Jciiks  to  .Mr.  I'.ayanl.    Ai  g'lst  lo,  1888. 

Mr.  Eayard  to  Sir  E.  8.  Sackvuie  West.     August  E!,  188-'. 


'orre- 

>r  the 

Sea. 

ID. 


No 

51. 

8ir 

No 

.^2. 

Mr. 

No 

iY.l 

Mr. 

No 

r)4. 

Mr. 

No 

[>i>. 

Mr. 

No 

.'■)(;. 

Mr. 

No. 

.")7. 

Lor 

No 

M. 

Mr. 

No. 

.^)[). 

Mr. 

No. 

60. 

Mr. 

No. 

«t. 

Mr. 

No. 

62. 

Mr. 

No. 

(;:?. 

Mr. 

No. 

64. 

Mr. 

No. 

6."). 

Mr. 

No. 

()(). 

Mr. 

No. 

()7. 

Mr. 

No. 

6H. 

Mr. 

SEAL    FLSIIERIE.S    LX    BERLXG    SEA. 

L.  S  Sackville  West  to  Mr.  Bayard.     Aii<,'ii,st  16,  1H88 

,  .Jeiiks  to  Mr.  IJayard.     Soiitcitihcr  :{,  IHHH. 

,  Hayanl  to  ,Sir  L.  S.  Sackville  WcHt.     Scptombor  10,  1888 

.Ifiiks  to  Mr.  liiiyard.     SciJtenihtT '26,  IrtSS. 

Bayard  to  .Sir  L.  S.  Sackvillo  Wt-st.     ScptiMiibcr  "7    1888 

(Jarland  to  Mr.  Bayard.     Octohcr  11,  18H8.  ~  ' 

d  Sactkvilli!  to  Mr.  Bayard.     Octoh.-r  lv>,  1H88. 

RivTH  to  Mi:  Garland.     Oftfdjcr  17,  IfHri. 

(Jarlaiid  to  Jlr.  Bav.ard.     O-.UAu-r  20,  H-8. 


Bayard  to  Mr.  (Jar'laiid. 
Garland  to  Mr.  l?avard. 
Bayanl  to  JTr.  (iarland. 
Herbert  to  Mr.  Jiavard. 
Bayard  to  Mr.  (iarland. 
Bayard  to  Mr.  Herbert. 
Herliert  to  Mr.  Bavaid. 
Bayard  to  Mr.  Herbert. 


October  •27,  18MH. 
November  IJ,  18S8. 
November  !7,  IHHh. 
November  2'.\,  1888. 
Noveml)er  '27,  1888. 
Ni>veml)er  '28,  \Hii^, 
Dece-nber  i"),  1H88. 
Hecembi'r  10,  18H><. 


Stevens  to  Mr.  Kives.    No.  ;J88.     De 


cenil)er  :!I,  1888. 


PaI!T   II. 


Correspoudince  relative  to  nrfjoliuliov 


Hs  f,ir  the  coiielii.-^io)i  of  tveaVm  of  protection  of  fur 
(tin  ill  Beriuii  Sea,  '  ' 


I 


No.  61».  Mr.  Bfiyaid  to  Mr.  \'i;,niaiul 
No.  70.  Mr.  MeLatie  to  .Mr.  Biuard. 
No.  71.  Mr.  liuvard  to  Mr.  .Mcl.aiie. 
No.  7:>.  Mr.  Bavard  to  .Mr.  McLane. 


I'liAN'CK. 

No.  y.')(i. 
No. /i;»(i. 
•Vo. -i/L 
No.  -AK). 


An^UKt  10,  1887. 
<  )i'tol>er  •22,  1887, 
November  18,  1887. 
I'ebi-uarv  7,  1888. 


(iEli.-M.A.NY. 

No.  7:i.   Mr.  Coleri.aii  to  Mr.  I?ayard      No.  -I';)-.     September  1.  1.^87. 


(iMK.VT    r.KIIAI.N. 


No.  74 

Mr. 

No.  75 

Mr, 

No.  76. 

Mr. 

.No.  77. 

Mr. 

No.  78. 

Mr. 

No.  70. 

Mr. 

No.  ^0. 

Mr. 

No.  81. 

Mr. 

No.  82. 

Mr. 

No.  8:5. 

Mr. 

No.  84. 

.Afr. 

No.  85. 

Mr. 

No.  >(). 

Mr. 

No.  87. 

I^Ir. 

No.  S8. 

Mr. 

No.  80. 

Mr. 

No.  00. 

T!ie 

l'li,jlp.s  to  Mv. 
Bayard  to  .Mr 
Bayard  to  Mr 
I'lielps  to  Mr. 
I'liclps  to  Mr. 
Ba\ar(l  to  .Mr 
Wiiilc  to  .Mr. 
V.'liite  to  Mr. 
I'.ayard  to  Mr 
Bavard  to  Mr. 
Hiiite  to  Mr. 
Bayard  to  Mr 
White  to  Mr. 
Wliito  to  Mr. 
Bayard  to  Mr 
Kive.s  to  Mr.  1 
whalr.s  in  Hm 


Jjivard, 
.  I'heli)s 
.  Phelps 

Bayard, 

Bavard, 
.  Phelps, 
Bavard. 
P.avanl. 
.  Wh.re. 

VViiite. 
Bavard. 

White. 
J'.iyard. 
Bavard. 

Piielp.s. 
Mu'lp.s. 

l.soil   B;l\ 


No.  6H.     November  l->,  1887. 
.     No.  7:i:i.     November  ;i5,  l887. 
,     No.  782.     JM'brtiary  7,  is^'s. 
,,   No.  600.     T",.hriiary  H,  188^. 

No.  ()02.     February '25,  1888. 

No.  810.     .March  '2,  1883. 

Telegram.     April  7,  1888. 

No.  720.     Ai>ril  7,  1888. 

'rele^ijini.     April  0,  L-^-S. 

No.  Kt'.i.     A!)ril  IS,  1.-88. 

No.  7-25.     April  '20,  1>'88. 

No.  , Sit.     Jlay  1,  i,-;-!8. 

No.  7()7.     Jmie  (i,  1888. 

No.  7.-'(;.     June  '20,  1,888. 

No.  018,  AiiL;-n.st'0,  iM^-i. 
No.  082.  Oetoiier '2:5,  1>^88. 
.     (l>x'lract  rro:n  no\VH[)a]ii'r.) 


I,,: 


J  AT  AX. 


No. 

01. 

Mr. 

No. 

0'2. 

.Mr. 

No. 

o:i. 

Mr. 

No. 

04. 

.Mr. 

No. 

05. 

Mr. 

No. 

oi;. 

Ml. 

No. 

07. 

Mr. 

No. 

08. 

Mr. 

No. 

00. 

Mr. 

No. 

100 

.  .Mr 

No. 

101 

Mr 

Hul)bard  to  Mr.  Bayaid. 
Hubbard  to  Mr.  J'.ayaid. 
Hubbard  to  Mr.  Bavard. 
B.iyard  to  Mr.  Ilubiiard. 
Huld)ard  to  Jlr.  B,i>ard. 
Bayard  to  .Mr.  Hnbbanl. 
Hubbjird  to  Mr.  Bayard. 
Hubbard  to  Mr.  liayard. 
Hubbard  to  Mr.  B.ivard. 
.  Bayard  to  Mr.  Hubbard. 
.  Bayard  to  .Mr.  Hubbard. 


No. 

!-7. 

Tel 

•iiV.U 

No. 

:;8-^. 

No. 

1.5(i. 

No. 

:!0:!. 

No. 

171. 

No. 

48;{. 

No. 

401. 

No. 

40-2. 

No 

.  '22:5 

No 

.  '2:52. 

Seiiteiuber'2'^!,  1887. 
n.     September  2'J,  1887. 

September  2'^,  1887. 

September  iiO,  1887. 

October  10,  1887. 

November  '21,  1887. 

Juno  ;2;i,  18,88. 

July  i:{,  1888. 

.lulv  l:{,  188,8. 
.     July  18,  1888. 
,     August  0,  1888. 


.'';AI-    fish KK' IKS    IN    Hi;i{!NG    SKA. 


lUSSIA. 


No.  l(lv>.  Mr.  Willis  to  Mr.  r.MVMnl.     No.  l;',;t.     Sc)it Imt  ;i,  I --7. 

No.  lo:!.  Mr.  Kotliio].  (,.  Mr,  Ii;i.viiril.     No.  !.'>!.     Dfci-iiilicr  H,  lr<f*7. 

No.  KM.  Mr.  Lotliro|.  to  .Mr.  llii.viud.     No.  1()1.      l'fl)ru:ir,v  ^V'.  Irfiri. 

No.  lU.').  Mr,  l.oiliroi)  In  .Mr.  IJiiyanl.     No.  liM.     Muicli  1-J,  IdcJH. 

S\VKI)i;.N    .\.\l)    NUKWAV. 

No.  10(;.   Mr.  M;i-;vc  to  Mr.  l!:i.\iml.     -No.  I1-.     M;iicli '.'D.  r^8S. 

I'AKT   III. 


('(tnculidii  ('(inixjioiidrHcv   rchilirc  to  the  m  iziirt:  (if  Jlrilish  xatliKfi  vi-tmln  ill  Jlering  Sea. 

No.  107.  Sir  K.  S.  West  to  KonI  r<l(l('Hlt'i.i;li.     Sriitcinbcr-Jl,  iSHd. 

No.  l(iS.  Tilt' iuliiiiiiislriiioi' to  .Mr.  StMiiliopf.     Scptciiilicr  y7,  Irif^li, 

No.  lil'.t.  Till'  adiiiiiiistrutor  to  Mr.  Slaiiliopf.     SfptciiiIxT 'J7,  iHSti. 

No.  110.   Saiiu- to  s.uiic.     ,'>i'i(lfiiil)('r  "-iT,  l.-d(). 

No.  ll'l.  The.  ailininistrator  to  Sir  L.  West.     Scptt'iiihci'  'iA,  l.'^dli. 

No.  ll'J.   Sainc.  to  Naiiii'.     Sciitfinlicr 'J."^,  IS,"?!]. 

No.  11:5.  Sir  K.  West  to  tlx'  adiiiiiiistrati.r.     Octolmr  4,  1H8(). 

No.  IM.  Mr.  Staiili()i>(Uo  tliti  adininistrator.     (Jetolicr 'J,'),  \f*f<i). 

No.  115.  The  Karl  ot  Idd.sl.'ij-li  to  Sir  K.  West.     Octohcr  :iO,  l^efi. 

No.  lit).  Loid  Laii.sdowiic  to  ^Mr.  Stanlioiic.     Tclcj^raiii.     November  27,  1886. 

No.  117.   Saint' to  .saiiu'.     Novi-ihImt 'J'.t,  li^r^ti. 

No.  IIH.  Mr.  Staiiliop*!  to  J^ord  Laiisdownc.     Telefjraiii.     December  1,  188C. 

No.  111).   J^ord  J;aiisdo\viii>  to  Sir  K.  West.     DcMH'iiiiitT  1>,  l«8(i. 

Sir  K.  West  to  tin'  Mar(iiiis  ot  Kaiisdowiio.     Dt'ctMuhor  12,  1886. 

Mr.  St.iiilto|»('  to  tli<i  Mar(iiii,s  of  Laii.sdowiif.     j;)t!c(Miil»er  Ki,  1886. 


120. 
121. 
122. 

12:5. 

121. 

125. 

i2t;. 

127. 

128. 
12>J. 


No. 
No. 
No. 
No. 
No. 
No. 
No. 
No. 
No. 
No, 
No.  i:iO. 
•  No.  i;u. 
No.  1:J2. 

No.  i;w. 

No.  i:i4. 

No.  i:{5. 
Canada. 

No.  K](>. 

No. 

No. 

No. 

No. 

No. 
.    No. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

No, 

No. 

No. 

No. 

No. 


January  14,  1887 


February  4,  1887, 
February  5,  1887. 


1:57. 
i:i8. 

i:5i). 

140. 
141. 
142. 
141?. 
144. 
145. 
14(). 
147. 
14?''. 
14t). 
150. 
151. 
152. 
15:i. 
154. 
155. 
15(). 
157. 
158. 
159. 


Colonial  oltict*  to  Ijord  Laiisdownc 
Lord  LansdowiHi  to  Mr.  Siaulioiic.     January  15,  1887. 
Sir  11.  Jlolland  to  tlii>  Marcpiis  ot' Laii.sdowue.     January  li),  1887, 
Same  to  saiiic.     January  I'J,  I8'7. 
Sir  L.  Went  to  Mr.  Bayard.     February  2,  1887. 
Same  to  same.     February  4,  1887. 
Sir  L.  West  to  Lord  Lanisdowiie.     Telegram. 
SaiiH!  to  same.     February  4,  1887. 
Sir  H.  Holland  to  the  Mari|iiis  ofLausdowne. 
Lord  Laiisdow  lie  to  Sir  JI.  Holland.     Teleirram.     Mareh  lU,  1887. 
Sir  H.T.  Holland  to  Lord  Laii.sdowue.     April  2:5,  1887, 
Saint!  to  .same.     No.  115,     May  12,  1887. 
Tlie  G()verjit)r-Gt!ii('ral  tt)  Sir  11.  Holland.     May  21,  1887. 
Sir  M.  G.  W.  Herbert  to  the  ollicer    ailiuini.sLerinjj;    the    government  of 
Mav  27,  1887. 
Sir  L.  West  to  Mr.  I5av;iril.     .Fulv  8,  1887. 
Mr.  r.avanl  to  Sir  L.  \Ve.>t.     Julv  11,  l'^^7. 
Sir  II.  Holland  to  Lord  Lansdovvn.'.     No.  206.    July  14,  1887. 
.Same  to  same.    No.  27'.!.     August  15,  1887. 

Lord.  Laiisdowne  to  Sir  II.  Hollanil.    No.  1525.    August  10,  1887. 
Sir  L.  S.  Saekville  Wi'st  tt)  LonlLansdowne.     No.  tiO.     August  2:5,  1887, 
Lortl  Lansdowne  tt»  Sir  H.  T.  Holland.     No.  :5:58.     August  27,  1887. 
!Sir  H.  Hollanil  to  Lortl  Laiisilowuc,     Septemtier  1,  1887. 
Sir  H.  T.  Hidlanil  to  Lord  Lansdowne.     No.  :.508.     Sei>tember  1,  1887. 
Sir  Henry  Holland  to   Lortl  Lansdowne.     September  14,  ]8~'7. 
Sir  H.  T.'  Holiand  to  Lord  Lansdowne.     September  16,  1887. 
Lord  Lansilovvne  to  Sir  Henry  Iloiland.     Telegram.     September  2:5,  1887. 
Lord  Lansdowne  to  Sir  H.  T.  "Hollanil.    No.  :}72.     September  26,  1887. 
J.ii)rtl  Laiistlowiui  to  Sir  L.  S.  West.     Sei)ttMiiber  26,  la87. 
Sir  Ji.  West  to  Mr.  15ayard.     Sejiteiuber  2lt,  l.-.-'7. 
Sir  H.  Holland  to  Lord  Lansdowne.     September  2'J,  1887. 
Same  to  same.     Septi'iiibt.'r  2it,  1887. 
Same  to  same.     t)etober  8,  1887. 

Sir  L.  S.  West  to  Lord  Lansdowne.     No.  81.    October  14,  1887. 
Sir  Henry  Holland  ti»  Liutl  Lan.stlowne.     No.  :556.     Oetober  20,  1887. 
Lortl  Laiisilowne  to  Sir  H.  Hollanil,  No.  408.     Oetober  20,  1887. 
Same  to  same.     No.  4l)l>.     Oetober  20,  1H87. 
Sir  L.  West  to  Mr.  Bayard.     Oetober  2(i,  1887. 
Sir  H.  Holland  to  Lortl  Lansdowne.     November  4,  1«87. 


.SKAL    FISHERIKS    IN    BERING    sEA. 


Sea. 


of 


!/. 


No.  100.  Samo  to  sain.'.     Novcilil.cr  Ki,  1,-87 

V  •    I:V  ^'"■"■'•'•-">'i«'.     No.  :i!»l).     \.)v..n.lM.r-2l,  HS7 

Ao.   !(,•».  SaiiK^  to  Himio.     Deccinli.T  7,  lHf<7 

^o.  jy,i.  Lur.l  Laiis(lo\vii,(  to  .Sir  II.-iiiv  IlollAiid 


I  a  unary  1!),  1888. 


Taut  IV 


Prior  conrsi,o„dn,ce  relaWe  to  ik.  /;,,.;.,  .sv,     ,,    ,„,  u,e  s.aof  OkUotsl;  and  ike  Human 

ukase  oj  Ib'il, 


^o.  1(;4.  Mr.  I'oh.tioa  to  Mr.  Adams, 
^o.  Hi.).  Mr.  Adams  lo  Jlr.  I'olrtica. 
^o.  Kic.  Mr.  I'..|rii,.a  (..  .Mr.  Adams. 
i>o.  1(;7.  Mr.  Adams  to  Mr.  I'ol.-ticii 
No.  Ifis.  Mr.  VoU-WvAv  to  .Mr.  Adams. 
No.  Itil).  Huron  Tuyll  to  Mr.  Adams. 
No.  170.  Mr.  Adams  to  IJan.ii  Tiiyll 
No.  171.  Mr.  Adams  to  Mr.  .Middictoii 


17:>. 

17(1. 

177. 

17.-^. 

17!». 

]!S0. 

IHl. 

1H2. 

IW. 

1H4. 

18.-,. 

IrtO. 

187. 


No.  17-J. 
No.  17;!. 
No.  171. 
No. 
No. 
No. 
No. 
No. 
No. 
No. 
No. 
No. 
No, 
No, 
No 
No, 
No.  188 
No.  IM). 
No,  11)0. 
No.  li)l. 
Marcli  ;ii), 
No.  VJ->. 
No.  ]'.):!. 
No.  101. 
No.  105. 
No.  10(5. 
No.  107. 
No.  198. 

No.  100. 
No.  200. 
No.  201. 
No.  20-2. 
No.  20:5, 
No.  204. 
No.  20,-). 
No.  2()f). 
No.  207. 
No.  208. 
No.  209. 
No.  210. 
No.  211. 


January  :!0,  1822. 
I'tdnnary  ;i,'),  1822. 
I'VI)rnary  28,  1822. 
.March  MO,  1822. 
Ai)ril  2,  l'-'22. 
April  12  (24 j,  1623. 
M;iy  7,  I82ii. 

No.  1().     .July  22,  182:5. 


^Ir.  Adams  to  Mr.  Jv'nsh.     No.  70.     ,Jm!v  2-'  'l,^-'*! 
Mr.  i^liddlcion  io  Mr.  Adams.     No.  :',.-,.'  Ai'.ril  19   18-M 
-.onvn.h,,,,  hctuemi  (Jroat  liritain  aii.l  Knssia.    Vebrnarv  28   l,8->-i 
Haron  Krud.-ncr  to  Mr.  Dickins.     May  Ml,  18-'.-;        '^'"""'^^^  "^'  1'^-'- 
Mr.  l)i.duMs  to  Maroii  Krudciicr.     .Jn'm;  :{,'  182r>" 
Mr.  I'orsydi  to  liaroii  Krmlciicr.     .Innc  21    IH'}'?  • 

J5aron  Knidciicr  to  Mr.  lorsvtli.     .Inly  11,  18;{iV 
Mr.  lorsytli  to  Haroii  Kriidciior.     .Iiilv  21    \«\'y  ' 
J.aroM  Krn.lcncr  to  Mr.  Forsyth.    .Iwlv  2(;,'  iKkV 
Mr"  IvT*     1"  m'"-  )y'"^i""-     ^'"-  4.    ■  Jnly  MO,  18115. 

Mr.M.lkn.stoMr.   Forsyth.     No.  10.     iHxWn  er  1      lyr; 
Mr.  Ior,syth  to  Mr.  Dallas.     No.  M.     ]\[ay  4,  1,":!7!         ' 

No.  (•).     Aii'>,ni8t  in, '18.17. 
No.  7.     Soi)t('inbi'r  8,  18157. 
No.  4.     November  15,  I8.'i7. " 
No.  1,5.     ]Ma,rch  19,  1,8;!8. 
A])ril  Itl,  18.18. 
May  1:5,  1,-^:58. 


Mr.  Dallas  to  Mr.  Forsyth 
Mr.  Dallas  to  Mr.  Forsvtli 
Mr.  I'orsyth  to  Mr.  Dallas 
Mr.  DallaA  to  Mr.  Forsyth'. 
Saine  to  same.     No.  ](i. 
.Same  to  same.     No.  17. 


Treaty  eoncerning  the  cession  of  AiaJka  l,y  Russia  to  the  United  States, 


Mr.  .Seward  to  Mr.  Chiv. 
Mr.  Clay  to  Mr.  .Sewaw!. 
Mr.  Seward  to  Mr.  Clay. 
Mr.  Clay  to  Mr.  .Sewaiil. 
Same  to  same.  No.  199. 
Mr.  .Seward  to  Mr.  Clav! 
Ti 


No.  27:i.     Dvcemher  215,  1807, 
No.  175.  I'.ljumarv  18,  l8(i-< 
No.  208.     Fehrna'ry  24,  1808. 
^o.  l.-M.     March  20,  1808. 
Aiignst  14.  1808. 
No.  295.     Aim:nst  Ml.  1808. 


aty  between  the  llnitca  s'tates'an.l  Great  Britain,  May  6,  1871,  article 


Mr.  IIolTman  to  Mr.  Evarts.     No.  44 
Mr.  I'relin(,rlinysen  to  Mr.  Iloll'man.  ' 


Mr.  Ilofhnan  to  Mr.  Fre 
.Same  to  sam.;.  No.  211. 
.Same  to  same.  No.  22"' 
.Same  to  same.  No.  2,!1. 
Mr.  Bayard  to  Mr.  Taft. 


.In  no  10,  1878. 
No.  120.     jAIarcIi7,  1882. 
Marcli  14,  1882. 


in;,flniysen.     No.  207 
.March  27,  1.''82. 
May  22,  ]8-'2. 
June  14,  18-2. 

,.     1,  -       ,  ,    -- No.  1:5.     March  25,  18.8,5. 

Mr.  Bayard  to  Mr.  Wnrts.     No.  .50.     .Ini.e  28   l,w8t 
Mr.  Bayard  to  Mr.  Lothrop.     No.  05.     December  4    1886 
Mr.  Lothrop  to  .Mr.  Bayard.     No.  95.     Febr  iry  17   1887 
.Same  to  same.     No.  90.     Febrnarv  17   is87        ^       '    ^'' 
Same  to  same.     No.  100.     March  7,  l^<87''  ' 
.Same  to  same.     No.  126.     .luue  22,  1887. 


% 


Paut  V. 

Tiranurii  regulations. 
No.  212.  Mr.  Fairehil.l  to  Mr.  Bayard.     February  .-S,  1889. 


A  11  T 


I. 


CORRESPONDENCE  RELATIVE  TO  THE  SEIZURE  OF  BRITISH  SEAL 
ING  VESSELS  IN  BERING  SEA        ^"^^^^^^  S^^^' 


:vo.  1. 


Sir  L.  K  SacLcille  West  to  Mr.  Bayard. 
Washington,  ^eptemhcr  27,  ISSO.    (Ko.oivocl  September  28.) 

relative  to  tJii.s  ownnTence.  Cxovermnent  may  possess 

I  have,  etc., 

I  L.  S.  Sackville  West. 


Xo.  2. 
Sir  L.  S.  Saclvilh;  West  to  .]fr.  Bayard. 
Washington,  October  21,  1880.    (Roceived  October  2-  ) 

fu^!;iJ^'l,J:^;;'-,^L2 --;^^^  to  be 

Corwin,  and  to  Avhicli  I    ,  Tin  ..II"^ ,      i      .     *'^  ^'ates  revenue  cruiser 


I  have,  etc., 


L.  S.  Sackville  West. 


SEAL    I'l.SHEKIKS    IX    IJEHKnO    SKA. 


Earl  of  hhksleiiih  to  Sir  L.  S.  Sacl:rille  Wrsf.* 


Foreign  Ofkich,  October  M),  ISSO. 

Sill :  Ilor  jMaJcsty's  (lovoniment  are  still  ii\vai(in<r  a  rcpoit  on  tlio  ro- 
suit  of  the  ai»plication  which  you  wore  diivctcd  i)y  my  dispatch  No.  181, 
of  the  0th  ultimo,  to  make  to  the  (iovciiimciit  oC  the  I'nited  States  for 
iMforiiuitiou  in  re;;iud  to  the  reported  seizure  by  the  United  States  rev- 
enue-cutter Coricin  of  three  Canadian  schooners  wiiih^  enyjajjed  in  the 
pursuit  of  seals  in  Kerinji's  Sea. 

In  the  mean  while,  further  (h'tails  in  rejiard  to  these,  seizures  havo 
been  sent  to  this  country,  and  Her  .Majesty's  (iovernment  now  consider 
it  incumbent  on  them  to  brinjj;-  to  the  iiotiiie  of  the  United  States  (Jov- 
erinnent  the  lacts  of  the  case  as  they  have  reached  them  Irom  British 
sources. 

It  apjiears  that  the  three  siihooners,  named  respectively  the  Carolina, 
Uie  Oinc(tr<(,  and  the  Thornton,  were  fitted  out  in  N'ictoiia.  IWilish  Co- 
lumbia, for  the  cai)ture  of  seals  in  the  waters  of  the  Xorthein  Paoifu) 
Ocean,  adjacent  to  \'aMcouver's  Island,  (iueen  Charlotte  Islands,  and 
Alaska. 

According'  to  the  dejjositions  inclosed  herewith  from  some  of  the  ofli- 
cers  and  men,f  these  vessels  were  eii;^M.u:ed  in  the  cai)tni('  of  seals  in  the 
open  sea,  out  ot  sij;ht  of  land,  when  th.ey  weiv-  taken  possession  of,  on 
or  about  the  1st  Au<i^ust  last,  by  the  United  States  reventu'-cntter  Cor- 
-irin — th((  Carolina  in  latitute  o')^  r>\)'  north,  lonuiruile  lOS^  olj'  west; 
the  (hnrard  in  latitude;  .")0°  5L"  north,  lonj^itnde  1(17°  'h>'  west;  and  the 
Thornton  in  about  the  same  latitude  and  lon;;itud(\ 

They  were  all  at  a  distance  of  nu)re  than  (»(►  miles  from  the  nearest 
land  at  the  time  of  their  seiznre,  an<l  on  l)ein,tr  captured  were  towed  by 
the  Coririn  to  Oon.daska,  where  they  are  still  detained.  The  crews  of 
the  Carolina  and  Tliornton,  with  the  eNcei)tion  of  the  captain  and  one 
mail  on  each  vessel'detained  at  that  port,  were,  it  appeals,  stMit  liy  the 
steamer  *SY.  Pa!<M()  San  Francisco,  C!al.,  and  then  turned  adrift,  while 
the  crew  of  the  Onward  wei'c  ke])t  at  Oonalaska. 

At  the  time  of  their  seizui'e  the  Carolina  had  OSO  sealskinson  board, 
the  Ihornfon  4(H,  and  the  Onward  !K)(t,  and  these  wert;  detained,  antl 
would  appear  to  be  still  kept  at  Oonalaska,  along  with  the  schooners,  by 
the  United  States  anthoi'il  ies. 

A<!cordin<4"  to  information  given  in  the  Alaskan,  a  ne\vs])aper  i)n))lished 
at  Sitka,  in  the  Territcn-y  of  Alaska,  and  dated  the  4th  September,  188(5, 
it  is  reported  : 

(1)  Tliat  tlic  iiiiistcr  iiiid  matt' of  the  scIhioiut  Tliornlini  were  lii'(in;_'lit  lor  tiinl  iK'l'oro 
Judyc  Dawson,  in  iho,  Uiiitt^d  StatisdiHtrict  court  at  Sitka,  on  tlie  ;{Otli  Anfiust  last. 

(•J)  That  the  i'videiico  ffivcii  liy  tlll^  olliccr.s  of  tlic  United  Slates  rt'Vi'nnt'-cnl ter 
(kini'in  wi'iit  to  show  that  tlm  Tlidriitoii  wa.s  seizod  wliilc  in  Itcriii^  Sea.  ahont  (HI  or 
71)  miles  south  sonth-east  ot"  St.  Cieorj;e  Ishind,  tor  llie  otlense  of  hnntinii  and  l<illirif; 
seals  within  that  ])art  ot"  lierin<^  Sea  wliieh  (it  was  aUened  liy  the  Alasl<an  news- 
paper) was  eedetl  to  tlie  United  States  l>y  K'nssia  in  IXiT. 

(:i)  'I'hat  the  jndijci  in  liis  ehaijic,  to  th(>  jury,  al"ter  (|not in^  the  llrst  artirhi  (tf  the 
treaty  of  the  IJOtii  March,  181)7,  between  Knssia  jiud  the  United  ytiites,  in  which  the 

*  Left  at  the  Department  of  State  by  Sir  U.  S.  Sa<d<vine  West  November  1-2,  Ir-Hfi. 

t  (1)  Copy  of  a  K'tter  from  Daniel  ,Munro(\  Tna^tiT  of  I  lie  Canadian  sealinj;  schooner 
Onward.  ("J)  Cojjy  of  a  letter  from  James  Oi^lvi.-,  master  of  tin;  Canadian  sealing; 
Hchooner  VaroUuu.  (:!)  Deposition  of  .John  D  ill.i  ■.  seairian  on  biiard  the  Thnnilon  ; 
of  Thomas  McLardy,  cook  on  board  tln^  CdroHiKi  ;  of  I'^d ward  Shields,  seaman  on 
board  the  Carolina;  and  of  William  Mniisic*,  owner  of  the  CnroHna.  All  of  the  prov- 
ince of  British  Columbia,    [TIickc  inclosures  were  not  transmitted  to  the  Department.] 


.r  ■  :    . 


8 


SKAF.    riSHKHlKS    IX    HKRIXG    SKA. 


wcNtorii  hoimdary  of  Alrnska  is  (Idiiipd,  \v«'iif  on  to  Njiy  :  "All  flu-  waters  witliiii  tlin 
lioiiiiilary  nrt  lorili  in  tliis  treaty  to  tlm  wcstiTu  ciid  of  tlie  Aleutian  arclii|iehii;<>  ami 
i'liain  of  i.HlaiiilH  aie  to  lie  coimideied  as  eoin|ii  ised  witliiii  f'e  waters  of  Alaska,  and 
nil  the  iienalties  ]ires('i'ili(!d  liy  lasv  against  the  killin;r  of  Inr  hearing;  anitnals  must, 
thereliiie,  attaeh  against  any  vicdalion  of  law  within  tlu^  limits  lieretofoit*  desenlied. 
If,  therefore,  the  jury  helievt*  from  the  evidence  that  tlu*  defendants,  liy  theniselven 
or  in  eonjiim  tion  wi'h  others,  di<l,  on  or  ahont  the  tinHM'har;;ed  in  the  information, 
kill  any  titter,  mink,  marten,  sal  ile,  or  fur-seal,  or  other  fnr-l  tearing  animal  or  animals 
on  the  shoics  of  Alaska  or  in  the  Iterinjj  Sea  <'nst  of  I'.t:!^  of  west  loiifiitude,  the 
jury  shonld  find  the  defendants  ^nilty,  and  assess  their  |)nnishment  He)iarately  at  ii 
line  of  not  h-ss  than  §•,'(!()  nor  more  than  !jl,<iii(i,  or  imprisonment  not  moie  than  six 
months,  or  hy  huth  siieh  tine  (within  the  limits  herein  set  forth)  and  im)'iis(>nment." 

(4)  That  the  ji'iy  hroM;;lit  in  ii  verdict  of  ;inilty  a;iainst  the  prisoners,  in  accordance 
with  which  the  mastcriif  th<^  Thonitou,  Hans  ( Jiitlonnsen,  was  sentinced  to  im|irison- 
ment  for  thirty  days, and  to  pay  a  tine  of  ij;.')( Id;  and  the  mate  of  the  'J'lionitoii,  Nornnin, 
was  sentenced  to  imprisonment  for  thirty  d'lys,  and  to  pay  a  line  of  JjiillOO  ;  which  terms 
of  imprisonment  aie  jircsiimaidy  now  lieinj;  cariied  into  effect. 

There  is  also  reason  to  lielievc  that  the  masters  and  mates  of  the  (hiii-anl  and  Curo- 
hiia  have  sincti  heen  tried  and  st^nlenced  to  nndcrno  ]ienaltieH  HJndlar  to  those  now 
lnd;i^  inflicted  on  the  muster  and  mate  of  the  ThornUiu. 

You  will  ohst'ivo,  I'loiii  tlic  I'ncts  jjivcMi  iiltovo,  tliat  ttu'  jf.illioriticH  of 
tlie  United  .Stat('ssji]»i)('{ir  to  liiy  chiiiii  to  llifi  .sole  sovcreijiiity  of  that 
])art  of  ]>eiiii{,'  Sea  l.viiifj  east  of  the  westeily  Ixmiidai'y  of  Alaska,  its 
(leliiied  in  the  liist  article  of  the  treaty  coMeliided  between  tlie  United 
States  and  Hiissia  in  ISIJT,  by  which  Alaska  was  ceded  to  the  United 
States,  jind  Avhieh  includes  a  stretch  of  sen  extending'  in  its  widest  ]>iut 
some  (iOO  or  7(l(*  miles  easterly  [westeil\  'I]  lioin  the  main  laml  of  Alaska. 

Jn  suj)])ort  of  this  claim,  those  iinthorities  tire  iilleoed  to  hiivt;  inter- 
fered with  the  jx'acefid  and  lawful  ()cc.iii)iition  of  (Jainidian  eiti/ens  on 
the  hij>h  setis,  to  have  taken  ]>()ssessi()ii  of  their  ships,  to  have  subjected 
their  ])ro])erty  to  forfeiture,  jiiid  to  have  visited  upon  their  persons  the 
indifjnity  of  im])!  isonment. 

Such  ])rocee<liii,i;s,  ifcoiicclly  reported,  would  iippeai  to  have  been  in 
violation  of  the  admitted  ])rinciples  of  iu'ernaiioniil  law. 

I  re(]nest  that  yon  will,  on  tin'  icceipt  of  this  dispatch,  seek  an  inter- 
view with  jMr.  J>ayard,  and  make  him  accinainted  wit.hthe  mitnrcMif  the 
infoi'tnation  which  which  Her  JMaJesty's(Jovernmentlia\'e  been  lurnished 
res])ectinj>'  Hds  matter,  and  state  to  him  that  they  do  not  doubt  that, 
if  on  inquiry  it  should  ])rove  to  be  coiicct,  the  Ciovernment  of  the. 
United  States  will,  with  their  well-known  sense  ol"  justice,  at  once  admit 
the  illef;iility  of  the  i)roeeediiios  resorted  to  iijiainst  the  JJritish  vessels 
and  the  Ihitish  subjects  above  mentioned,  iind  will  cause  reasdiiable 
rei)aration  to  Ik;  made  for  the  wron<j;s  to  whicli  they  have  been  subjected 
and  for  the  losses  which  they  have  snstiiined. 

Should  i\Ir.  Uayard  desire  it,  you  are  authorized  to  leave  with  hini 
a  coi)y  of  this  dispatch. 
1  Jim,  etc., 

IDDKST.KIGII. 


SI 

si 

\\| 

dl 
t<l 

VI 

til 

till 

hll 

oil 

inl 

oJ 

Idl 

fiti 
to 


■l^ 


No.  4. 
.]/;•.  liavard  to  iSir   L.  S.  S((chrille   West. 


DepautmkjsT  of  Statk, 

ir«.N///»/y/o«,  Xorcmhtr  12,  1880. 

SiK:  The  delay  in  my  reply  to  your  letters  of  Septeinber  27  and  Oc- 
tober 21,  askinji'  for  tlie  information  in  my  iiossession  concerning:  the 
seizure  by  the   Tnited  States  revenue-cutter  Coricin,  in    the  Bering 


SKAL    riSIlKUIKS    IN    HKlflNG    SKA. 


9 


iP 


St'ii,  of  Mrilish  vessels,  I'oi-  iiii  alleged  violation  of  tlie  laws  <»l'  tlio  Unitod 
States  ill  relation  to  tlie  Alaskan  seal  lislieiies,  lias  lieeii  caused  by  iiiy 
waititif;  to  receiNc  IVoiii  the  Treasury  Department  the  inloriiiatioii  you 
<lesire»l.  I  teinlei-  the  I'aef  in  a]>olo;;y  lor  the  (U'lay  and  as  the  reason 
for  my  sileiwe,  and,  I'epeatin;,'  what  I  said  verbally  to  ymi  in  oiir  <'on- 
versatioii  this  nM»riiin^',  I  am  still  awaitiii};  lull  and  antlientie  leportsoC 
tlio  judii'ial  trial  and  Judfrmeiit  in  the  eases  of  the  seizures  referred  to. 

^ly  a|»|»li(!atioii  to  my  eolleaj;iie,  the  AtlorneyOeiieial,  to  procnrt'  an 
anthenlii!  report  of  these  jiroeeedinys  was  ]>roiiiptly  made,  and  the  de- 
lay in  furnishing  the  rejiort  doubtless  has  arisen  from  the  remoteness 
of  the  plaee  of  trial. 

So  soon  as  I  am  enabled  I  will  convey  to  y<ui  the  facts  aa  tiscertaiiied 
in  the  trial  and  the  rnlinys  of  law  as  aiijilied  by  ilie  court. 

I  takti  leave  also  to  acKnowlcd;>e  your  communication  of  tlu^  lilst  of 
October,  informinjLj  nie  tluit  you  liad  been  instructed  by  the  lOarl  of 
Iddesleioh,  ||«.r  ^Majesty's  ])riiicipal  secretary  of  state  for  foreign  af- 
fairs, to  protest  afjaiiist  the  seizure  of  the  vessels  above  referred  to,  an<l 
to  leserve  all  lifjhts  of  couiiHMisation. 

All  of  which  shall  receive  respe<Mtul  consideration. 
J  have,  et<'., 

T.    F.    P.  A  VMM). 


■.  V 


No.  ."). 


Sir  L.  S.  Sackrillc  Wcsf  lo  Mr.  Ham    !. 

WAf-'ni"NaTC)N,  Dcnmber  7,  18S(i.     (Received  Hecdiiber  <S.) 

Sin:  IJeferiiilsto  your  note  of  the  IL'tli  instant  |iiltiiMo?|()ii  tliesiibject 
of  the  se  .,;re  of  Uritish  vessels  in  the  JU'iinj,'  Sea,  and  itromisin;;  to 
convey  to  ine  as  soon  as  ]»ossible  the  facts  as  ascertained  in  the  trial  and 
tlie  rulini:>s  of  law  as  applied  by  the  court,  J  havi'  the  honor  to  state  that 
vessels  are  now,  as  usual,  e(]uii)i»injn"  in  l>rilisli  (Joliimbia  for  tishiii;^-  in 
that  sea.  The  Canadian  (Jovernment,  therefore,  in  the  absence  ot  in- 
formation, are  desirous  ot  ascertaininj;  whetner  siuih  vessels  lishiiifi'  in 
the  open  sea  and  beyond  the  territorial  waters  of  Alaska  would  be  ex- 
jiosed  to  seizure,  and  IlerlMajesty'sdovernmeiit  nt  thesaim^  time  would 
bo  j;lad  if  some  assurance  would  be  <iiven  that,  in'iidiii<»'  tlu^  settlement 
of  the  (piestion,  no  such  seizures  of  iJiitish  vessels  will  be  made  in  JJer- 
iim'  Sea. 


r- 


1  have,  etc.. 


L.  S.  Sackyillk  Wkst, 


No.  0. 
Sir  L.  S.  Sacla'ille  West  to  Mr.  Jiayard. 

Washington,  J«?n/rrn/ 0,  1887.     (deceived  January  10.) 

Sill:  I  have  the  honor  to  inform  yon  that  I  have  received  instruc- 
tions from  the  Earl  of  Jddesleijjjh,  Her  ^Majesty's  prin'!ij»al  secretary  of 
«tate  for  foreijiii  affairs,  ajjain   to  brin<;'  to  vour  notice  tiie  grave  repre- 


10 


SEAL   FISHERIES    IN    BERING    SEA, 


Kentatioiis  made  by  Iler  Majesty's  Government  respecting  the  seizure 
of  the  Jiritish  vessels  Carolena,  Onward,  and  Thornton  in  Bering 
Sea  by  the  United  States  cruiser  Coricin,  to  w  hicli  no  reply  bas  as  yet 
been  received. 

On  the  27th  of  September  last  I  had  the  honor  to  address  to  you  a 
note,  in  which  I  stated  that  Her  Majesty's  Government  requested  to  be 
furnished  with  any  particulars  which  the  United  States  Government 
might  ])Ossess  relative  to  this  occurrence. 

On  the  lilst  of  October  last  I  l::id  the  honor  to  inform  you  that  I  was 
instructiMl  by  the  Earl  of  Iddesleigh  to  protest  in  the  name  of  Iler 
Majesty's  Government  against  such  seizures,  and  to  reserve  all  rights 
to  coujpensation. 

In  a  note  dated  the  12tli  of  November  last  you  were  good  enough  to 
explain  the  delay  which  had  occurred  in  answering  these  communica- 
tions, and  oa  the  same  day  I  had  the  honor  to  communicate  to  you  a 
dispatch  from  the  Earl  oi  Iddesleigh,  a  copy  of  which,  at  your  reiiuest, 
1  ])laced  in  your  hands. 

On  the'  7th  ultimo  I  again  had  the  honor  to  address  you,  stating  that 
vessels  were  e<iuii)ping  in  British  Columbia  for  tislung  in  Bering  Sea, 
andthattheCanadianGoverninentweredesirous  of  ascertaining  whether 
such  vessels  fishing  in  the  open  sea  and  beyond  the  territorial  waters 
of  Alaska  would  be  ex|>osed  to  seizure,  and  that  JJer  i\I<ijesty's  Gov- 
ernment would  be  glad  if  some  assurance  could  be  given  that  pending 
thesettlement  of  the  (]uestions  no  such  seizuresof  British  vessels  would 
be  made  in  ].eiing  Sea. 

Tiie  vessels  in  <piestion  were  seized  at  a  distance  of  more  than  GO 
miles  from  the  nearest  land  at  the  time  of  their  seizure.  The  master  of 
the  Tliorntoii  was  sentenced  to  imj)risonment  for  thirty  days,  and  to 
])ay  a  line  of  $r)(l(),  iin<l  there  is  reason  to  believe  that  the  jiiasters  of 
the  (hiH-ard  and  Carolena  have  been  sentenced  to  similal'  ])ena]ties. 

In  sni)i)Oit  of  this  claim  to  jurisdiction  over  a  stretch  of  sea  exteiul- 
ing  in  its  wi(k'st  ])art  some  Gt)()  or  7{)()  miles  Irom  tlie  mainland,  advanced 


dJ 
inl 


by  the  iud'-e  in   1 


lis  charge 


to  the  jury,  the  authorities  are  alleged  to 


have  iuterlerred  with  the  i>eaceable  and  lawful  occupation  of  Canadian 
citizens  on  the  high  seas;  to  have  subjected  their  i)ro])erty  to  forfeit- 
ure and  to  have  visited  upon  their  ]>ersons  the  indiiinity  of  imprisonment. 
Such  ))i'0('«'('dings  ther,  tore,  if  ('orre(;tly  reported,  api)ear  to  have  been 
in  violiitidii  of  the  admitted  principles  of  international  law. 

Under  these  circumstances  Her  Majesty's  Government  do  not  hesitate 
to  exjiress  tluir  concern  at  not  having  ns'eived  any  re])ly  to  their  rej)- 
resentations,  nor  do  they  wish  to  co!h;eal  the  grave  nature  which  the 
case  has  thus  assumed,  and  to  which  I  am  now  instructed  to  call  your 
immediati^  and  most  serious  !ittenti<»n.  It  is  unnecessary  for  me  to  al- 
lude lurlher  to  the  intormation  with  v.hich  Her  Mnjesty's  Government 
have  been  furnished  respecting  these  seizures  of  British  vessels  in  the 
open  seas,  and  whiel'  foi'  some  time  past  has  been  in  the  i)osses.sion  of 
the  United  Staies  *.ioveniment,  because  Hi'r  Mjijesty's  Ciovernment  do 
not  doubt  that  if,  on  inquiry,  it  should  jirove  to  i)e  correct,  the  Govern- 
ment of  the  United  States  will,  with  their  well  known  sense  of  justice, 
aduiit  the  illegality  of  the  pnxteedings  resorted  to  against  tin?  British 
vessels  and  the  I'titish  subjects  above  mentioned,  and  will  cause  rea- 
sonable rei)aration  to  be  made  for  the  wrongs  to  which  they  have  been 
subjected  and  for  the  losses  which  they  have  sustained. 

In  conclusion,  I  have  the  hoin>r  again  to  refer  to  your  iu)te  of  the 
12th  of  November  last,  ami  to  what  you  said  verbally  to  me  on  the  same 


'^ 


SKAL    FISHERIES    IN    BEKING    SEA. 


11 


(lay,  and  to  express  the  liope  that  the  cause  of  the  dela.v  e 
in  answering  the  rei)resentations  of  Her  Majesty's  Govern 
grave  and  important  matter  may  be  speedily  removed. 
I  have,  etc., 


(!omplained  of 
ment  on  this 


L.  S.  Sackville  West. 


h 


No.  7. 

^fr.  Bayard  to  Sir  L.  S.  Saclrille  West. 

Depart:\[ent  of  State, 

Washington,  January  12,  1887. 

Sir:  Your  note  of  the  0th  instant  was  received  by  me  on  the  next 
day,  and  1  regret  exceedingly  that,  although  my  elforts  have  been  dili- 
gently made  to  i)rocure  iVom  Alaska  the  authenticated  copies  of  the 
Judicial  proceedings  in  the  cases  of  the  I>ritisli  ressels  Carolena,  Onward, 
and  Thornton,  to  Mhich  you  refer,  I  should  not  have  been  able  to  obtain 
them  in  time  to  liave  made  the  urgent  and  renewed  application  of  the 
Earl  of  Iddesleigh  superiiuous. 

The  pressing  nature  of  your  note  constrains  me  to  inform  you  that  on 
Septend)er  L*7  hist,  when  I  re(!eived  my  first  intimntion  IVom  you  that 
any  (piestion  was  ])ossible  as  to  the  vnlidity  of  the  Judicial  i)r()ceedings 
referred  to,  J  lost  no  time  in  re(|ue.stiiig  my  coliciigue,  the  Attorney- 
General,  in  whose  Department  the  case  is,  to  procure  ibr  nu'  such  au- 
thentic inlbrnuition  as  would  enable  me  to  nuike  lull  response  to  your 
application. 

From  week  to  week  I  have  been  awaiting  the  arrival  of  tli«'  ))apers, 
and  today,  at  my  re(piest,  the  Attoiney-General  has  telegrajdu'd  to 
Portland,  Oregon,  the  nearest  telegraph  station  to  Sitka,  in  Alaska,  in 
order  to  expe(iite  the  furnishing  ol'  the  desireil  i)apers. 

You  will  understand  that  my  wish  to  meet  the  (piestions  involved  in 
the  instructions  you  liav*'.  retteived  fiom  your  (JoveTiiment  is  averred, 
and  that  the  delay  has  been  enforced  by  tiu'  absence  of  reijuisite  inlbr- 
mation  as  to  the  fa(!ts. 

The  tlistance  of  tlui  vessels  from  any  laml  or  the  eircnmstances  at- 
tendant ui)on  their  seizure  are  tniKuown  to  me  save  by  the  statements 
in  your  last  note,  and  it  is  essential  that  such  tiuits  should  be  devoid  of 
all  uncertainty. 

Of  v.hatever  inlbrmation  may  be  in  the  pt)ssessiiMi  of  Her  .'Majesty's 
Government  1  have,  of  course,  no  knowledge  or  means  of  knowledge, 
but  this  Department  of  the  (ioveruineiit  of  the  United  States  has  not 
yet  been  placed  in  ])ossession  of  that  accurate  inlbrmation  which  would 
Justify  its  decision  in  a  question  which  you  are  certainly  wananted  in 
considering  to  be  of  gi'ave  importaiiee. 

1  shall  diligently  endeavor  to  procure  the  best  evideiu;e  i)ossible  of 
the  matters  inquired  of,  and  will  make  iXwo.  resi)onse  thereupon  when 
the  opj)ortunity  of  decision  is  afforded  to  me. 

You  rcipiue  no  assurance  that  no  a\oi<lance  of  our  international  ob- 
ligations need  be  apprehended. 
1  have,  etc., 

T.  r.  Bayard. 


if. 

a' 


12  ,  SEAL    FISHERIES    IN   BERING    SEA. 

Xo.  S. 

Sir  L.  S.  8ackviUe  ^yest  to  Mr.  llmjard. 

]jRiiisir  Legation, 
Washington,  Fehrnary  1,  1887.     (Keceived  Febnuuy  2.) 

Sir  :  With  reference  to  your  note  of  the  12th  ultimo,  I  have  the  honor 
to  inform  you  that  under  date  of  the  27th  ultimo  the  Marqui'-  of  Salis- 
bury instructs  me  to  inquire  whether  the  information  and  ])apers  rela- 
tive to  the  seizure  of  the  British  schooners  Carolena,  Onicnrd,  and  Thorn- 
ton  have  reached  the  United  States  Government. 
1  have,  etc., 

L.  S.  Sackville  West. 


tl 
3| 
oil 
Ul 


No.  9. 

Mr.  Bayard  to  ISir  L.  S.  Saclville  M^cst. 

Department  of  State, 

Washington,  Fehrnary  3,  1887. 

Sir:  I  hep'  to  acknowledge  your  note  of  yesterday's  dale,  received 
to- day. 

Upon  its  receipt  I  made  instant  a])plication  to  my  colleajxue,  the 
Attorney-General,  in  relation  to  the  record  of  the  judicial  ])roceedings 
in  the  cases  of  the  three  ]5ritish  vessels  arrested  in  Au;i,ust  last  in  Ber- 
ing Sea  for  violation  of  the  United  States  laws  regulating  the  Alaskan 
seal  lisheries. 

I  am  informed  that  the  documents  in  question  left  Sitka  on  the  2(»th  of 
January,  and  may  be  expected  to  arrive  at  Port  Townsend,  in  AVash- 
ington  Territory,  about  tlie  7th  instant,  so  that  the  i>ai)ers,  in  the  usual 
course  of  mail,  should  be  received  by  me  within  a  fortnight. 

In  this  connection  I  take  occasion  to  inform  you  that,  without  con- 
clusion at  this  time  of  any  ()uestions  which  may  be  found  to  be  involved 
in  these  cases  of  seizure,  orders  have  been  issued  by  the  President's  di- 
rection for  the  discontinuance  of  all  ])ending  proceedings,  the  discharge 
of  the  vessels  referred  to,  and  the  release  of  all  ])ersons  under  arrest  in 
connection  therewith. 
1  have,  etc., 

T.  F.  Bayard. 


n: 

WJ 


No.  10. 
Sirlj.  IS.  Sackrille  West  to  Mr.  Bayard. 

Washi^gtox,  February  4,  1887.     (Received  Febrnary  5.) 

Sir  :  1  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
3d  instant,  informing  nu'  that  without  conclusion  at  thistiaie  of  any 
questions  which  may  be  found  to  be  involved  in  the  cases  of  seizure  of 
]iritish  vessels  in  Bering  Sea,  orders  have  been  issued,  by  the  Presi- 
dent's (lirection,  for  the  distiontinuancic  of  all  i)ending  proceedings,  the 
discharge  of  the  vessels  referred  to,  and  the  release  of  all  i)ersons  un- 
der arrest  in  cotmection  therewitij. 
I  have,  etc., 

L.  S.  Sackville  West. 


4 


SEAL    FISHHRIKS    IN    BKRIVG    .SKA. 


1  ^ 


Xo.   11. 


So-  L.  S.  S<tcJ:vilh!  West  io  Mr.  Baijavd. 

Washington,  .1^)^//  4, 1887.    (Iieceivocl  April  4.) 

Sir:  In  viow  of  the  approip-liiii^^  li,sliiii<;-  sojksou  in  n('riii<j' St'ii  ami 
the  littinj^'  out  of  vos.sel.s  for  iisliiiij;'  operations  in  tiio.so  wator.s,  Her 
Majesty's  (iovernnient  have  requested  me  to  inipiire  whether  tiie  owners 
of  such  vessels  may  rely  on  beinj^' unmolested  by  the  cruisers  of  the 
United  States  when  not  near  land. 

IJer  ^Majesty's  Government  also  desires  to  know  whether  the  docu- 
ments referred  to  in  your  note  of  the  iJd  of  February  last  connected 
whtii  the  seizure  of  certain  Ihitish  vessels  beyond  the  three-milo  limit 
and  legal  proceedings  (connected  tiierewitii  have  been  received.  And 
I  have  the  honor  therefore  to  request  you  to  lie  good  enough  to  enable 
n:e  to  reply  to  these  inquiries  on  the  [)art  of  Her  Majesty's  Government 
with  as  little  delay  as  possible. 
1  have,  etc., 

L.  S.  Sackville  West. 


V  V 


Xo.  12. 


Mr.  JUiyard  to  Sir  L.  aS'.  Sackville  West. 

Department  of  State, 
Washington,  A2)ril  12,  1887. 

Sir  :  I  have  the  honor  to  acknowledge  your  note  of  tlie  4th  instant 
relative  to  the  fisheries  in  Uering  Sea,  and  inquiring  whether  the 
documents  referred  to  in  my  note  of  February  3,  relating  to  the  cases  of 
seizure  in  those  waters  of  ves.sels  chaiged  with  violating  the  laws  of 
the  United  States  regulating  the  killing  of  fur  seals,  had  been  received. 

The  records  of  the  judicial  proceedings  in  the  cases  in  the  district 
court  in  Alaska  referred  to,  were  only  received  at  this  Department  on 
Saturday  last,  and  are  now  under  examination. 

The  remoteness  of  the  scene  of  the  fur-seal  fisheries  and  the  special 
peculiarities  of  that  industry  have  unavoidably  delayed  the  Treasury 
ofiicials  in  framing  approi)riate  regulations  and  issuing  orders  to  United 
States  vessels  to  poli(H',  the  Alaskan  waters  for  tiie  protection  of  the  fur- 
seals  from  indiscriminate  slaughter  and  conse(pient  s[)eedy  extermina- 
tion. 

The  laws  of  the  United  States  in  this  behalf  are  contained  in  the  lie- 
vised  Statutes  relating  to  Alaska,  in  sections  l!)rj(!-l(>71,  and  have  beeti 
in  force  for  in)wards  of  seventeen  years;  and  prior  to  the  seizures  of 
last  sunnner  but  a  single  infraction  is  known  to  have  occurred,  and 
that  was  j)rom[)tly  punished. 

The  question  of  instructions  to  Government  vessels  in  regard  to  pre- 
venting the  indiscriminate  killing  of  fur  seals  is  now  being  considered, 
and  I  will  inform  you  at  the  earliest  day  possible  what  has  been  decided, 
so  that  Ibitish  and  other  vessels  visiting  the  waters  in  question  can 
govern  themselves  accordingly. 
I  have,  etc., 

T.  F.  Bayard. 


f; 


% 


v.  I 


•If. 

.  '1 


14 


SKAL    FISHEKIES    IN    BERING    SKA. 


(Annex.] 

Title  XXIII. —Tin;  TEUfiiTouiKs 


UEVISKl)   hTATUTKS    RELATING   TO   ALASKA. 

CiiAi'TKit  HI, — I'rovisioHH  relat'uuj  tti  the  unorganKcd  Tcrrilorij  of  Aliiika. 


Sec. 

1054,  Cii.stdina,  ctr,,  l;nv8  pxtcndcd  to  Alaska. 

1955.  IniiiortalioM  of  tiri'-aniis  and  ilistilled  .spirits 

may  lu^  inohiblted. 
lO.'ifi.  Killing  tif  fiirl)faiin!;  animals  jitoliibitcd. 
1057.  AVliat    courts   to    liuvo  jiiriwdiclion   of  of- 

fcn.sos. 
lO.'iR.  Ifcniission  of  finca,  etc. 
195y.  St.   Tanl  and    St.  (Jcorgo   Island.s  declared 

sjiceial  reservation.s. 
19C0.  Killing;  of  seal  upon  them  prohibited  except 

in  certain  miiiillm. 
19(11.  Killinjr  of  certain  seal  prohibited. 
190:'.  Limit  to  nninber  of  .seals  to  he  killed. 
19l-:i.  Kiyht  to  take  seal  may  be  leased. 
19(14.  I'.oud.  , 


Sec. 

19(i5.  Who  may  lease. 

]!Mi(i.  (Covenants  ill  lease. 

19(i7.  Penalty. 

19tl8.  Penalty  npon  leases. 

10(i!).  Tax  ii))on  seal  skins. 

1970.  Lease  may  he  teiiniiiiiteil. 

1971.  Leasees  ti)  furnish  cnpiua  to  masters  of  their 

vessels. 

1972.  C(  rtain  sedinns  may  he  altered. 

19T3.  A};ents  and  us.sistants  to  mana<;o  seal  fish- 
erie.s. 

1974.  Their  pny,  etc. 

1975.  Not  to  be  interested  in  riiiht  to  take  seals. 
1970.  Agents  may  administer  certain  oaths  and 

lake  testimony. 


.Skc.  19.")4.  Till"  l.iw.s  of  flit!  United  Stiitcs  i'ol!itiii<.(  to  ciistoiii.s,  comiiicrco,  and  navi- 
gation, iwt'  extended  to  and  over  all  the  ma  in -land,  islands,  and  waters  of  the  Tenitor}' 
teded  to  the  United  States  by  the-  Kniperor  of  Knssia  li\  tieaty  concluded  at  Wash- 
injiton  on  tlie  thirtieth  day  of  March,  A.  1).  one  thousand  ciiiht  liiaidred  and  sixty- 
He\-eii,  so  fur  as  tlii>  same  may  he.  ;!]>|die!il>le  thercito. 

.Si:c.  ID.'.").  The  I'resideiit  shall  liave  the  jiower  to  restrict  and  re;i;ulate  or  to  ])ro- 
hihit  the  iiii|M>rtation  and  use  of  tire-arms,  ammunition,  iiml  distilled  spirits,  into  and 
within  the 'l'erritor\  of  Alaska;  the  exportation  of  tlie  s;ime  Ironi  any  other  jiort  or 
]dace  in  the  United  .States,  when  destineil  to  any  poit  or  ]dai'e  in  that  Territory,  and 
all  such  arms,  amn.  unit  ion,  and  distilled  spirits,  exported  or  attempted  to  lie  exported 
from  any  jimt  or  jdace  in  the  United  State;  and  destined  lor  such  Teriitory,  in  viohi- 
tion  of  any  ii'oulations  that  may  he,  ](r<>scrilied  under  thi.s  section,  and  all  such 
arniB,  ammunition,  and  distilled  spirits,  landed  or  attcm)ited  to  be  landed  or  used  at 
any  port  or  jdacc  in  the  'i'erritory,  in  violation  of  such  rej^nliitions,  sliall  he  forfeited  ; 
and  if  the  value  itf  the  sanio  exceeds  four  hnndied  dollara  the  vessid  upon  \Nhich  tho 
sanu'  is  found,  or  from  which  they  liave  heeii  landed,  t(ie;ethir  with  her  taclile,  ap- 
\y.\n\  ;ind  luitiitiire,  and  car.o-o,  shall  be  fm-feited  ;  and  any  jierson  willfully  violatini; 
HUidi  re;:;iilationH  shall  he  tineil  not  more  than  live  Iip  dred  dollars,  or  imprisoiu'd  not 
more  than  six  months.  Bonds  may  be  ie(|uired  (or  :  laithfid  observaiicc.of  .such  rej^- 
ii'aiions  li'om  the  master  or  owiier.s  of  any  vessel  deiiarliui;  from  any  pint  in  tho 
United  States  having;  mi  board  tire  arms,  ammunit  ion,  or  distilled  .spirits,  when  .such 
vessid  is  destined  to  any  jdace  in  the  'J'erritory,  or  if  not  so  destined,  when  there  i.s 
reas(Miab|e  ground  of  suspicion  that  such  articles  are  intended  to  be  laded  tlu^rein  in 
A  iolation  of  law  ;  and  similar  bonds  nniy  also  bi^  reciuircd  mi  the  landinij  of  any  such 
art'icles  in  the  Territory  t'rom  the  person  to  wiiom  the  same  may  be  consioned. 

Skc.  li*.")*).  No  person  shall  kill  any  otter,  mink,  marten,  sablo,  or  fur  'al,  or  otlior 
ftu'-iiearin;.','  animal  within  the  limits  of  Ahisl<ii  Territory,  or  in  the  waior.s  thereof; 
and  every  person  guilty  thereof  sliall,  for  each  olVense,  bo  tined  not  less  than  two 
hundred  dollars  nor  niorii  than  owo  tliniisaiid  dollars,  or  imprisonniont  not  more  than 
nix  months,  or  both  ;  and  all  vessels,  t  Iiiir  tackle,  apparel,  t'nrnit  ure,  and  cartro,  found 
on<;a^ed  in  vicdation  of  this  sect  ion  s!i. a  11  be  tbrfeited.  Hut  the  Secretary  of  the  Trca.s- 
nry  shall  have  ])o\ver  to  aiitliorize  the  killing  <d'  any  such  mink,  marten,  sable,  or 
otlier  fur-beai  in;j;  animal,  excejit  fur-seals,  nmicr  such  re;:,iila;  ions  as  he  may  prescrihe  ; 
and  it  shall  \w  tho  duty  of  the  Secretary  to  jirevent  the  killiiii;  of  any  fnr-8<ial  ami  to 
]irovi(le  for  the  execution  of  the  provisions  of  (his  section  until  it  is  othcrwirio  prc- 
^■ided  by  l.iw  ;  nor  jdiall  lii>  jfrant  any  special  privilejjjes  under  thi.s  section. 

SlX".  l'jr)T.  Until  otherwise  ])r()vided  by  law,  all  violations  of  this  clnqiter  ami  of 
till!  several  law,s  hereby  extended  to  the  'I'l^iritoiy  id"  Alaska  and  the  water.-i  thereof 
committed  within  limits  of  the  sanio,  shall  be  ptosccuted  in  any  district  (unirt  of  tho 
United  States  in  California  or  Orey,'oii,  or  in  (he  district  courts  of  Wasliino;ton  ;  and 
the  collector  and  deimty  collcctor.s  aiiiiointed  for  Alaska  Territory,  and  any]ieison 
authorized  in  writin;^  by  either  ot'  them,  or  by  the  Secretary  id"  tho  Treasury,  nliall 
have  power  toai  rest  persons.ind  sei/e  vessels  and  merchandise,  lialile  to  tines,  penal  tics, 
or  forfeit  11  ns  uud<r  (his  and  (he  other  law^;  extended  over  tho  Territory,  and  to  keep 
and  deliver  i  he  s;ime  io  the  marshal  of  some  one  of  such  courts  ;  and  such  courts  shall 
have  original  jnrisdicdoii,  and  may  t.iki!  cognizance  ol'  all  cases  arisin;j;  under  (lii.s 
ai^t  and  (hi!  several  laws  hereby  exicmled  oxer  the  Territmy,  and  shall  (iroceed 
(heiiMii  in  (he  saiin*  manner  and  wi(h  (ho  like  elfect  as  if  such  cases  had  arisen  within 
tho  district  or  territory'  where  the  proceedings  t.ro  brought. 


SEAL    FISHERIES    IN    BERING    SEA. 


15 


f 


Skc.  Ht.'iH.  Ill  all  rases  of  lino,  jiPiialty  or  foifcitiirt'  ciiibracrd  in  tliti  act  ap])i'ov(>(l 
the  tliii'd  Mai'cli.  one  thousand  sevnn  hundred  and  nint'tv-sevcn,  (diaijtcr  tliirtt'cn,  or 
mentioned  in  any  aet  in  addition  to  or  anien(Litory  oCuiich  act,  that  liav(>  oeciirre<l  or 
may  occur  in  the  collectiiui  district  ol'  Alaska,  the  Sccr<Mary  of  the  Treasury  is  author- 
ized, if,  in  his  opinion  the  tine,  itenalty  or  foifeituic  was  iiu^urred  without  willful 
lu'f^lij^euco  or  intention  of  fraud,  to  ascertain  the  facts  in  such  manner  ami  under  siudi 
rcffu  lilt  ions  as  lie  may  deem  proi)er  without  rei^avd  to  the  jirovisions  of  the  act  above 
referred  to,  and  ujion  the  facts  so  to  he  ascertaiiu'd  lie  may  exercise^  all  the  power  of 
remission  conferred  u])oii  him  hy  that  act,  as  fully  as  he  mij;lit  have  done  had  such 
facts  been  asi'crtained  under  and  according;  to  the.  pro\i'^ions  of  that  act. 

Skc.  1U.')U.  Thr  islands  of  Saint  I'aul  and  Saint  (ieoiiic,  in  Alaska,  are  declared  a 
special  reservation  for  (ioveinment  purposes;  and  until  ol  herwise  juovided  by  law 
it  shall  be  unlawful  for  any  ]ierson  to  land  or  remain  on  either  of  those  islands,  exceiit 
by  the  iiulhority  of  the  Secretary  of  the*  Treasury;  anil  any  ])ersou  fouiiil  on  either 
of  those  islands,  contrary  to  the  provisions  hereof,  shall  be  siininiarily  removed;  anil 
it  shall  be  the  duty  of  the  Secretary  of  War  to  cany  this  section  into  elffct. 

Sicc.  li)ti().  It,  shall  be  unlawful  to  kill  any  fur-seal  upon  the  islands  of  Saint  Paul 
and  Saint  (j!cor<;t',  or  in  the  waters  adjacent  thereto  except  durinjf  the  months  of 
June,  July,  Se])teniber,  andOctoberin  each  year;  and  itshall  be  unlawful  to  kill  such 
seals  at  any  time  by  the  use  of  lire-arms,  or  by  other  means  tt  ndiii;^  to  drive  the  seals 
away  from  those  islands,  but  th«i  natives  of  tlu;  islands  shall  have  the  ])ri\ile;^e  of 
killinj;'  such  youiij;'  seals  as  may  be  necessary  for  their  own  food  and  clothin;;'  (lurinj? 
other  months,  and  also  such  old  seals  as  may  be  reiiiiired  Ibr  their  own  clothiiifi  and 
for  the  manufactuie  of  boats  for  their  own  use;  andilie  killiii;:;  in  such  cases  shall 
be  limited  and  controlled  by  such  reonhitions  as  may  be  presi'ribcd  by  the  .Secretary 
of  the  Treasury. 

Sicc.  U)()l.  It  shall  he  unlawful  to  kill  any  female  seal,  or  any  seal  less  than  one 
year  old,  at  .-iny  season  ol  t  he  year,  excejit  as  abo\  e  ]iroviile(l  ;  and  it  shall  also  lie  un- 
lawful lo  kill  any  seal  in  tlu>  waters  ailjacent  to  the  islands  of  Saint  I'anI  and  Saint 
(ieoryi!,  m  on  the  beaches,  clilfs,  or  rocks  wlien^  they  haul  up  tVoiii  I  he  sea  to  remain; 
and  every  I'crson  who  violates  the  provisions  of  this  or  the  i>rectdiiij^  section  shall 
be  ]miiislied  for  each  olVcnse  by  a  line  of  not  less  than  two  hiindied  dnllars  nor  more 
than  one  thoiis.-ind  dollars,  or  by  imprisonment  not  more  than  six  moulhs,  or  by  both 
such  tine  and  iinprisonmeut  ;  and  all  vessels,  their  tiickle,  ajiiiarel,  and  fuiniluiH', 
wliose  crews  aie  Ibiind  ennajrcd  in  tlie  violation  of  eitlur  this  or  the  preccdiiij^  sec- 
tion, shall  be  forfeited  to  the  United  States, 

Si;c.  ll)t)"J.  For  the  period  of  twenty  years  froni  the  liist  July,  one  tlioii^aiid  eit;ht 
huudreil  and  seventy,  the  number  of  fur  seals  which  iiiav  be  killed  for  their  skins 
111)011  the  island  of  Saint  raul  is  limited  to  seventy-live  thousand  per  annum  ;  iiiid 
llie  niimlier  of  fui-s»als  which  m.'iy  be  killed  for  their  skins  upon  the  island  of  Saint 
(Je(U\L;e  is  limiled  to  t  wi-iity-tive  ih.oiisaud  per  annum  ;  but  the  Secretary  of  the  Treas- 
ury may  limit  the  rij;ht  of  killini;,  if  it  becomes  uecessaiy  for  the  lueservatiou  of  sinh 
seals,  with  such  proportionate  rednciion  of  the  rents  reserved  to  the  (lovernment  as 
may  In;  jiroper ;  and  every  ]ierson  who  knowingly  violates  either  of  the  [uuvisions  of 
liiis  section  shall  be  ])unished  as  ]irovided  in  tlu^  precedinfj;  section, 

Sk.C.  I'.Hi:?,  When  the  lease  heretofore  made  by  the  Secretary  of  the  Treasui'y  to 
"The  Alaska  Commercial  Com])any  "  of  the  ri;.;ht  to  eii<;;a,<^o  in  takinjj  fur-seals  on 
the  islands  of  Saint  I'aul  and  Saint  (ieori;(',  pursu.ant  to  tie  act  of  the  lirst  .July, 
elia)iter  one  hundred  and  ei^hty-niiie,  or  when  iiny  future  similar  lease,  expires,  or  is 
s'lrreiiilered,  fuifeited,  or  teiinin.'ited,  the  Secretary  shall  lease  to  juoiter  and  respon- 
sible parties,  fur  the  liest  advanlajj,e  id"  the  i'liited  States,  haviiiii'  <lue  regard  to  the 
inti'rests  of  the  fiovernnient.  the  iiati\e  inhabitants,  their  comfort,  ma  in  ten  a  nee,  and 
ediicatifui,  as  well  as  to  the  interests  of  tlu'  jiarlies  lieiclofore  en;;!ii;ed  in  trade  and 
the  proteetien  of  lh(!  tt.>lieiies,  the  ri.i;ht  of  takinu;  fur-seal.s  on  the  isl.inds  herein 
named,  and  of  seiidiui;-  a  vessel  or  \  ssels  lo  the  islands  for  the  skins  of  such  setils, 
for  the  teiiii  ■■  '  weiity  years,  at  an  annual  rental  of  not  less  than  lifty  thousand  dol- 
lars, to  )je  reseived  in  such  lease  and  secured  by  a  deposit  of  United  States  bonds  to 
that  amoui.t ;  and  every  such  lease  shall.be  duly  executed  in  duplicate,  and  shall  not 
be  transferable. 

Si'.C.  r.Mil.  The  Secret.'iry  (d'  Ihe  Treasury  shall  take  from  the  Icssi'cs  of  such  islands 
in  all  cases  a  bcuid,  with  securities,  in  a  sum  not  less  than  li\o  hundred  thousand 
dollars,  conditioned  for  the  faithful  observance  of  all  the  laws  and  reipiiremeiits  of 
Coue;ress,  and  the  re;rnlatioi!s  id  the  Seiuetary  of  the  T're.asnry  touchin;v  the  lakini; 
of  fur  seals  and  the  disposino  of  the  same.  ;ind  for  the  payment  of  all  taxes  and  dues 
aceniititi,'  to  the  luiteil  States  connected  therewith. 

Si:c.  IDti.'i.  No  persons  olher  than  Ameriraii  eili/ens  shall  be  iiermilted,  by  leas(^  or 
olhei  wise,  to  occupy  the  islands  of  Saint,  I'aul  and  S  lint  (Jeorj^e.  or  either  of  tluuii, 
for  the  ]>urpose  of  takin;^  the  skins  id'  fur  seals  theiefrom,  nor  shall  any  foreij^ii  v(^s- 
sels  b(!  eni;aj;ed  in  takiiii;- such  skins  ;  and  the  Secretary  of  the  Treasury  shall  vacate 
and  deidare  any  lease  forfeited  if  the  same  bc^  held  or  ojicrated  for  the  use,  betielit  or 
advautaj;!',  directly  ov  indirectly,  of  any  persons  other  than  American  cilizeiiH. 


.< 


'.  ! 


i 

(A 


16 


SEAL    FISIIKUIES    IN    BERING   SEA. 


« 


Sec.  UMid.  lOvcry  least' sliall  ('(intaiii  fi  cnvcimiif  (»ii  tlu' i>art  (tf  f lit'  Ii'hscc  that  ho  will 
not  k«'(!p,  Hfll,  ruiiiisli,  ^ivi;  <ir  (lispoNti  i)f  any  tlistillfil  .s|iii'ir.4  t)r  siiiriliioiis  litjiiors 
on  citliiT  i>f  tlitj^f  islands  to  any  of  tlit-  nativcH  Iht'it'of,  wncli  iit-rsoii  nt)t  hi'in;;  u 
]iliy.sit'ian  ami  fiirnisliin;;  tliii  sainf*  for  nst;  as  nit'difint' ;  and  «vi!ry  rovi'n.io  ofllt;i!r, 
olliuially  actin;^  as  siwli  tin  fithiT  tif  thu  islands,  sliall  si^izts  anil  destroy  any  distilled 
or  Hitiritnoiiy  liiinors  fonnil  thcrt'on  ;  liut  sntdi  oltiiMT  .-iliall  nuikts  dctailetl  roportrt  of 
his  tloin;;s  in  that  niatliT  tt>  tlii)  folli'ftor  of  tla-.  jiort. 

Skc.  li)l>7.  lOvt'i'v  person  who  kills  any  fur  seal  on  eithiM'  of  those  islands,  or  in  the 
watcirs  iiiljactiit  therett),  without  anihnrity  id'  the  lessees  tlieretd",  and  evt;ry  person 
who  niok'sls,  disturbs,  or  interferes  with  the  lessees,  or  eitherof  them,  or  theiraj;t»nts 
or  i)mid>»y(;s,  in  the  lawful  pioseeution  of  their  liusiness,  under  the  ]U'ovision.s  of  this 
ehapter,  shall  for  each  olVenst*  he  punisheil  as  prt.'scriheil  in  section  I'JIil  ;  and  all  ven- 
sels,  their  ta(d<le,  apparel,  appurten.inees,  antl  earfj;o,  whose  erews  are  found  enjrii/ied 
in  any  vitdation  of  the  [iro visions  of  sections  VM'>  to  IblJS,  inclusive,  shall  bo  forfeited 
to  Iht'  United  States. 

Six.  IIMIH.  If  any  person  or  ronipany,  under  any  lease  herein  anthorizetl,  know- 
ini{ly  kills,  or  permits  to  be  killiMi,  any  number  of  seals  exceeiling  the  numl'er  for 
each  islainl  in  this  chaider  prescribed,  sneh  person  or  company  shall,  in  addition  to 
the  penalties  and  forfeitures  herein  provided,  forfeit  the  whtdo  nundier  of  thii  skiuM 
of  seals  killi'd  in  that  year,  or,  in  case  the  same  have  been  disposed  of,  then  suclr  i)er- 
son  or  company  shall  forfeit  the  value  of  the  same. 

Sk.c.  IDfiK.  Jn  additional  to  tlu- annual  rental  required  to  be  reserved  in  every  lease, 
as  ]>rovide(l  in  section  nineteen  hiinilred  and  sixty-three,  a  revenue  tax  or  duty  of 
two  dolliirs  is  laid  upon  each  fur-seal  skin  taken  ami  shipped  from  the  islands  of 
Saint  Paul  and  .Saint  George  diirinj;;  the  continuance  of  any  lease,  to  be  paid  into  the 
Treasury  of  the  United  States;  and  the  Secretary  of  the  Treasury  is  empowered  to 
niakeall  neeilfnl  rejudations  for  the  collection  und  payment  of  the  same,  and  to  secure 
the  comfort,  maintenance,  education,  and  jirotectiou  of  llio  natives  of  those  islands, 
and  also  to  carry  into  full  elfect  all  the  provisions  of  this  chapter  except  as  otherwise 
prescribed. 

Skc.  1970.  The  Secretary  of  the  Treasury  may  torniinate  any  lease  jjiven  to  any 
I)ersou,  company,  or  corporation  on  full  and  satisfactory  iiroof  of  the  violation  of  any 
of  the  provisions  of  this  chajiter  or  the  re«j;ulations  established  by  him. 

Skc.  1971.  The  lessees  shall  furnish  to  the  .several  masters  of  vessels  employed  by 
them  certified  coiiies  of  the  lease  lu'ld  by  them  respectively,  which  shall  he  presented 
to  the  Government  revenue  otlicer  for  the  time  beiu'?  who  may  be  in  charge  at  the 
islands  as  the  authority  of  the  party  for  laudinj?  and  takinjj  skins. 

Si:c.  IL'72.  Congress  may  at  any  time  hereafter  alter,  amend,  or  repeal  sections 
from  ninet(H'n  hundred  and  sixty  to  nineteen  huudreil  and  seventy-one,  both  inclu- 
sive, of  this  chapter. 

Skc.  1'J7:{.  The  Secretary  of  the  Treasury  is  authorized  to  appoint  one  agent  and 
three  assistant  agents,  who  shall  be  charged  with  the  management  of  the  seal  iish- 
eries  in  Alaska,  and  the  performance  of  such  other  duties  as  may  be  assigned  to  them 
by  the  Secretary  of  the  Treasury. 

Skc.  1974.  The  agent  shall  wceive  the  sum  of  ten  dollars  each  day,  one  assistant 
agent  the  sum  of  eight  dollars  each  <lay,  and  two  assistant  agi'iits  the  sum  of  six  dol- 
lars each  tlay  while  so  employed;  and  they  shall  also  be  allowed  their  necessary 
traveling  expenses  in  going  to  and  rt>turiiiiig  from  Alaska,  for  which  expiuises  vouch- 
ers shall  be  lU'esented  to  the  ])roper  aeeounting  ol'licers  of  the  Treasury,  and  such 
exi)euses  shall  not  exceed  in  the  aggregate  six  hundred  dollars  each  in  any  one  year. 

.Skc.  11)7.").  Such  agents  shall  never  bt;  interested,  ilirtM'tly  or  indiri^ctly,  i:i  any  hiase 
of  the  right  to  take  seals,  nor  in  any  proceeds  or  pitdits  thereof,  either  as  owner, 
agent,  ])artiier,  or  otherwise. 

Skc.  i;)7t>.  Such  agents  are  empowered  to  administer  oaths  in  all  cases  relating  to 
the  service  of  the  L'liited  States,  ami  to  lake  testimony  in  Alaska  for  the  use  of  the 
(iovernmeiit  in  any  matter  concerning  the  public  revenues. 


No.  13. 
Sir  L.  S.  Sackrillc  Went  to  Mr.  Bayard. 

Washington,  July  8,  1887.    (Keceived  July  9.) 
Sir  :  With  reference  to  your  note  of  the  12th  April,  stiitinj>'  that  the 
reeords  of  the  jiidicitil  i)roceiMliii;.i;s  in  the  ctuses  of  the  Uriti-sh  ve.ssels 
seized  in  thellering  8eii  had  been  leeeived,  I  have  the  honor  to  inform 


SEAL       'SHEKIKS    IN    BKRINCJ    SEA. 


17 


you  that  the  .Marquis  of  .Salishiu'.v  has  instructed  me  to  request  you  to 
be  jxood  enouj;h  to  furnish  nu>  with  a  copy  of  the  same  for  the  information 
of  Her  JMaJesty's  Government. 
1  have,  etc., 

L.  S.  SArivvii-LE  West. 


to 
lio 


lie 

lis 
III 


No.  1-4. 

iVr.  liai/ard  to  Sir  L,  S.  ^acla'Ule  Wrst. 

Depakt31]:nt  of  State, 

Wanltingfoii,  'luiij  11,  18S7. 
SiK  :  Complyiu}}  with  the  request  (contained  in  your  note  of  the.  Sth 
instant,  conveyed  to  me  under  tiie  instructions  of  your  (iovernment,  I 
liave  tlie  lionor  to  inclose  you  two  i)rinted  copies  of  the  Judicial  pro- 
<.',ee<linj;s  in  the  United  States  district  court  for  the  District  of  Alaska 
in  the  several  cases  of  libel  a;i'ainst  the  schooneis  Oiurard,  Carolena, 
and  Thornton,  for  killin<;-  fur  seals  in  Alaskan  waters. 
Accejit,  etc., 

T.   F.   r.AYARI). 


I  EiulosiM-e.] 

Tratimrijtt  of  iccord  in  the  cant'  of  the  schooner  Cityolcini. 

Tli(!  United  StatcH,  libellaiif,  r-s.  The  Schoonor  Carolena,  licr  tackle,  etc.     On   liliel 
ot  intoiiiialioii  for  heiiij^  eii^aned  in  tin,"  hiisiiies.s  of  killiiiij;  iiir  seal  in  Alaska. 

On  the  28th  day  of  August,  1880,  was  fih'd  the  following  libel  of  in- 
formation. 

IX   TIIK    DISTlilCT     COUKT    OF   TMK     UNlTKn     STATKS     KOlt   TUK     DISTIUCT    OF   ALASKA, 

AUGUST   Sl'KCIAL   TICKM,    IdtiG. 

To  tlie  honorable  Lakaykttk  Dawsox, 

JiiiUje  of  xuUl  ])i>iirict  Court  : 

The  libel  of  information  of  M.  I).  ]5all,  attorney  for  the  T^nited  States  for  the  dis- 
trict of  Alaska,  who  j)rosecntes  on  belialf  of  said  United  States,  and  beinj^  jiresent 
liere  in  conrt  in  his  proiter  jierson,  in  the  name  and  on  behalf  of  the  said  United 
.States,  afi;ainst  the  sehooner  CaroUnn,  her  tackle,  ai)])arel,  boats,  earj^o,  and  furni- 
ture and  aj-ainst  all  ja'rson.s  inttM-veniuf^  for  their  nittuest  therein,  in  a  cause  of  for- 
feiture, alli'jjes  and  informs  as  follows  : 

Tiiat  Ciiarles  A.  Abbey,  an  ollieer  in  the  Revenue  Marino  Service  of  the  United 
States,  and  on  special  duty  in  the  waters  of  the  JMstrict  of  Alaska,  heretofore,  to  wit, 
on  tlie  lirst  day  of  Auj^ust,  !>■.-(),  within  the  limits  of  Alaska  'territory  iind  in  the 
wateis  thereof,  and  within  tlui  civil  and  Judicial  distiiet  of  Alaska,  to  wit  in  the 
wateis  of  that  jiorlion  of  l}erint;'s  Sea  lielonjiinj^  to  said  district,  on  waters  uavi;^a- 
bhi  from  the  sea  by  vessels  of  ten  or  more  tons  burden,  seized  the  ship  or  vessel  com- 
monly calli'd  asidiooner,  the  Cdco/caa,  her  tackle,  iiii))arel,  boats,  cari^o.  and  furniture, 
beiu};-  the  ])roperty  of  souu^  ]ierHou  or  p(U'sons  to  said  attorney  unknown,  as  forfeited 
to  the  ns(!  of  tiie  U^nited  Statea,  for  the  following;  causes  : 

That  the  said  vessel  was  found  enj^ajied  in  killing  fur  seal  within  the  limits  of 
Alaska  Territory  and  in  the  waters  thereof  in  violatiini  of  section  11)50  of  the  Re- 
viseil  Statutes  of  the  United  States. 

X\\{\  the  said  attorney  saith  that  all  and  singular  the  prennses  are  and  were  true 
.and  within  the  admiralty  and  nuu'itime  jurisdiction  of  this  court,  and  that  by  rca- 
Bon  thereof,  aud  by  force  of  the  statutes  of  the  United  States  in  sncli  eases  nuido  and 
provided,  the  aforementioned  aud  described  schooner  or  vessel,  being  a  vessel  of  over 

S.  Ex.  100 2  ^  ' 


ill 


18 


SEA  I,    FISHhUlES    IN    HKUING    SEA. 


twoiity  tons  iMiidcn,  licr  tnclxW',  aiiiiarcl,  lionts,  car^to,  iiiul  l'iirniliirt>,  lircaine  and  are 
forfcitcid  to  tlin  list',  (if  till!  Naid  Tiiited  Stales,  and  tlial  said  si'lntonor  is  now  witliin 
tlM<  district  alort'.said. 

W'lifi'cl'oif  tilt'  said  attorney  jirays  that  tlip  usual  jirocess  and  monition  of  this  hon- 
oralilf  <;oii!'i  issue  in  this  heiiall,  and  that  all  ]iei'sonH  iiitereste<l  in  the  hefoi'(<ineii- 
tioned  and  descnhed  seliuoner  or  vessel  may  lie  cited  in  ;;encral  and  special  to  answer 
tlie  premises,  and  all  due  pr(i<  t'ediiii^s  heiiii;  had,  that  the  said  schooner  or  vessel,  her 
tackle,  aiiiiarel,  lioats,  cai,!io,  and  iiiniitiire,  nuiy,  for  llic  caiiHcs  al'oresaid  and  others 
appearing,  he  coiideiimed  liy  the  deliiiite  sen  lei  ice  and  decree  (d  this  hiniorahle  (Miiirt, 
as  forleited  to  the  use  of  the  liiiiled  Mates,  accnrdin;f  to  the  t'orm  of  the  statutes  of 
the  said  United  Slates  in  such  case  made  and   pi'ovidcd. 

M.  1).  15AI.I,, 


r.  S.  Dint.  Aitornvy  for  the  Vist,  uf  Alaska. 
I'lu'reiipoii  issued  foithwitli  tlio  followino^  monition: 

iMsTiiK'T  OF  Alaska,  sct. 

The  I'rcsideiit  (dihe  Unitml  .Statesto  the  Marshal  of  the  District  of  Alaska,  <;reotiiig  : 

Whereas  n  lihel  of  information  hath  heeii  tiled  in  the  district  court  of  the  United 
States  for  the  District  <d'  Alaska  on  the  'J^<lh  day  of  An^^iist,  in  the  year  IrtCtl,  by  M. 
D.  Jhill,  United  Slates  attorney  for  the  District  aloresaid,  on  hehalt'  of  tne  United 
States  of 'America,  ajj;aiiist  the  schooner  i'arolcna,  her  ta(kle,  apjiarel,  boats,  cargo, 
iiiul  furniture,  as  forfeited  to  tlu^  use  of  the  United  States  for  the  reasons  and  causes 
111  the  said  lihel  of  inforniation  inentioned,  and  ))raying  the  usual  jirocess  and  moni- 
tion of  the  sai<l  coiiit  in  that  behalf  to  he  made,  and  ihat  all  ]iersons  interested  in 
the  said  schooner  Curohva,  her  tackle,  ap])arel,  iroats,  cariio,  and  furniture,  etc.,  may 
be  cited  in  giiiieral  and  s]iecial  to  answer  the'  luemises,  and,  all  proceedings  heing  hati, 
that  the  said  schooner  Cunilcna,  her  tackle,  a|))iar(d,  boa-Is,  cargo,  and  furniture,  may, 
tor  the  causes  in  the  said  lilxd  of  information  meniioneil,  be  coiiilemned  us  forfeited 
to  the  use  of  the  United  States. 

You  are  therefore  hereby  coiunianded  toattacdi  the  said  schooner  6'rt>'o/(»a,lier  tackle, 
apjiartd,  boats,  cargo,  uiid  furniture,  to  detain  tluj  same  in  yourcuslody  until  tlit!  fur- 
ther order  of  the  court  resjieciing  the  samt^,  and  to  give  notice  to  all  jiersons  (daini- 
iiig  the  same,  or  knowing  or  having  anything  to  say  why  the  same  should  not  be  con- 
ilemned  and  sold  luirsuant  to  the  prayer  of  the  said  lib(>l  of  information,  that  they  be 
and  appear  before  the  said  court  to  bo  held  in  and  for  the  district  of  Alaska,  on  tlie4th 
day  of  October,  lS8t),  at  10  o'clock  in  the  forenoon  of  tlio  same  day,  if  the  same  shall 
be  a  day  of  jurisdiction,  otherwise  on  the  next  day  of  jurisdiction  thtireafter,  then 
and  there  to  interpose  a  claim  for  the  same  and  to  make  tlieir  allegations  in  that  be- 
half. 

And  what  you  shall  have  done  in  the  premises  do  you  then  and  there  make  return 
theriHit  together  with  this  writ. 

Witness  the  honoi-able  Lafayette  Dawson,  judge  of  said  court,  and  the  seal  thereof 
a'.'lixed  at  the  city  of  Sitka  in  the  district  of  Alaska,  this'JHth  day  of  August,  in  theyear 
of  our  Lord  one  tluuisand  eight  hundreil  and  eighty-six  and  of  the  Independence  of 
the  United  Slates  the  one  huudrt'd  and  eleventh. 

[SF.AI..  J  AN'DHFW   T.   Lkwis, 

Cli'ik. 

On  tlio  Otli  diiy  oC  Soi)toniber,  ISSG,  was  filotl  the  following  aflulavit: 


it 


IN    TIIK     rNITF.I>     STATKS 


DISTHICT    COUIiT    IX    AND   FOK 
L'NITKI)    STATKS    OF    AMKIiU'A. 


THE     DISTRICT   OF    ALASKA. 


The  Unitid  >SfaUs  of  America  vs.  The  Schooner  Ccroleiia. 


United  States  of  America,  l>ii<trivf  of  Alanka,  .s.s  .- 

C.  A.  Abb(>y,  being  duly  sworn,  deposes  and  says: 

That  he  is,  and  at  all  times  herein  inentioned  was,  a  captain  in  the  United  States 
Revenue  Marine,  and  in  command  of  the  L'nited  States  revenue  cutter  Conriit. 

ThatatHant  and  the  following-named  olticer.,  and  men  of  said  Corivin  ai'e  material 
and  necessary  witnesses  for  the  United  States  in  the  above-entitled  action,  to  wit : 
J.  C.  Cantwell,  lieutenant;  Thos.  Singleton,  seaman;  ,J.  L^  Rhodes,  lieutenant;  T. 
Lorensen,  seaman;  and  .1.  IT.  Douglass,  pilot. 

That  owing  to  scarcity  of  provisions  and  fuel  upon  said  Corwin,  the  said  Corwin 
and  deponent  and  said  witnesses  will  be  obliged  to  and  are  about  to  go  to  sea  within 
live  days,  and  out  of  the  district  in  which  the  said  case  is  to  be  tried,  and  to  a  greater 


S^j:AL    FISHERIKS    IN    BKUIXG   SEA. 


19 


diHtance  tliaii  tnic  luiiidiod  mileH  from  the  jtliico  of  trial  of  saitl  action  hefoir  tlio  time 
ofNnid  trial. 

That  llicro  i.s  iir;;ciit  iiocoHNity  for  tiikinir  the  (It'iio.sitioiiHot'al'liant  and  .said  witnCMHCH 
fortliwitli. 

That  James  lUako  was  the  mate  of  (sai<l  scliooncr  at  tii(!  time  of  its  aeiziiro,  ami  is 
till)  only  iMMson  or  olliccT  of  nanl  nchoonfr  now  within  the  jiuisdlction  of  thi.s  court, 
or  upon  whom  sfrvico  <tf  notice  can  ho  made  a.s  alliant  is  intormcd  and  hciieve.s. 

(.'.   A.   AlillKY. 

Siih.scrihe(l  and  sworn  to  bcl'orc  me  this  Gth  day  of  Septemher,  l-.'^iJ. 

A.MHiinv  T.  Linvis, 

Citrk. 
On  tlic  same  day  was  outerod  the  foUowino;  order: 

//)  the  matter  of  the  i'tiited  iSt(it(n  yh.  tSchooticr  Tlionitou,  ((tur  ya.  .')(! ;  schoouvr  Carohna, 
(■ui<e  2>t'o.  r>l;  nvhooncr  Oi.wuid,  vunv  J^o.  4li;  xchooiiir  ^tiii  iJiKjo^vanf  JSo.Wi. 

In  the  ahnve-entitlod  actions  urj^ent  noccssity  and  fj;oo(l  cau.w  aitpcarinn  therefor 
from  the  ailidavits  of  C.  A.  Ahhey,  now,  o!i  motion  of  M.  1).  Hall,  United  States  dis- 
trict attorney  for  Alaska,  and  counsel  for  the  United  States  herein,  it  is  ordered  that 
the  (U'liositions  of  the  Avitnesses  C  A.  Abbey,  J.  \V.  llowison,  .J.  ('.  Cantwell,  J.  U. 
lihoileH,  .1.  II.  Donjrjass,  C.  T.  \Vinslow,  Albert  Leaf,  (.'.  AVilhelm,  Thos.  Sini^leton, 
and  T.  I.,orenHen  be  taken  before  the  clerk  of  the  said  <listrict  court  on  Tuesday,  tho 
'  th  day  of  September,  li^e'(),  at  7  o'clock  ]).  m.,  or  as  soon  thereafter  as  the;  matt<!r  can 
be  reached  at  theoHieo  of  said  clerk  at  Sitka,  Alaska,  and  if  not  eomi)hited  on  said 
(fveninj;,  then  the  taking  of  saui  de]>osition8  to  be  continued  by  said  (derk,  from  time 
to  time  until  comi)lete(l.  That  notice  of  the  time  and  ])lac(^  of  taking  said  deposi- 
tions bo  served  by  the  marshal  of  said  district  on  Hans  (inttornisen,  .lames  IJlake, 
Daniel  Mnnroe,  and  Charles  E.  IJaynor,  and  ni)on  W.  Clark,  cstj.,  attorney-at-law,  on 
or  before  Septend)cr  7th  .'it  12  m.,  and  that  such  shall  bo  due  and  sullicient  and  rea- 
sonable notice  of  tho  taking  of  said  dejxisitions. 

Done  in  open  court  this  (ith  day  of  September,  18fiG.  Now  at  this  time  W.  Clark, 
esq.,  being  present  iu  court,  waives  service  of  notice. 

On  the  7th  day  of  Se])tember,  188G,  was  tiled  the  following  notice  and 
return  thereof: 


it 


\\\\. 


Ites 

[ial 
lit: 

It. 

lin 
ker 


l.\  TIIK  irxriKD  STATES  DI8THICT  COURT    IN  AND  FOR  THK  DI.STRCT  nv  ALASKA,  UNITKD 

STATKS   OF   AMKHICA. 

The  United  States  vs.  The  achooncr  CaroJena. 

To  James  IHake  greeting:  You  are  notified  that  by  order  of  Ijafayet to  Dawson, 
jtulgo  of  said  district  court,  that  the  depositions  of  C.  A.  Aldicy,  J.  C.  Cantwell,  J. 
U.  Ehodes,  and  J.  11.  Douglass  will  be  taken  before  the  clerk  <d  said  district  court  at 
his  oflico  at  Sitka  in  said  district  on  Tuesday,  Sei)tember  7th,  I'^Sti,  at  7o'(dock{).  m., 
or  as  soon  thereafter  as  the  matter  can  be  reached,  and  il'not  completed  on  s.aid  even- 
ing, tho  taking  of  said  dei>ositions  will  be  continued  liy  said  clerk  from  time  to  time 
until  complet<'(l. 
Dated  September  7th,  l)?8t). 

An1)1;k\\  T.  Lkwis, 
Citric. 
Unitkd  Statks  ok  A.merica,  Dinlrict  of  AhtsKa,  .s.s; 

This  is  to  certify  that  on  the  7th  day  of  September,  1881").  before  12  o'clock  noon  of 
that  day,  1  served  the  annexed  notice  on  the  Avitliin-named  James  ]51ak<>,  at  Sitka, 
district  of  Alaska,  by  then  an<l  there  jx'vsonally  d(  li  vering  tosaid  Jann's  lilake  a  co])y 
of  said  notice.  And  then  and  theie  gaM' liim  the  pri\ilege(>f  being  present  at  the 
taking  of  said  depositions. 
Dated  September  ilth,  1880. 

i'.ARTOx  Atkins, 

r.  .S.  Marshal. 

On  the  9th  day  of  September,  1S8G,  were  filed  the  following  deposi- 
tions : 

IN     THE     VNITED    STATES    DISTRICT   COURT   IK    AND    I'OU    THE    DISTRICT    OK    ALASKA, 

UNITED   STATES   OF   AMERICA. 

The  United  States  of  America  vs.  Tlte  schooner  Carolena.    Xo.  51. 

Deposition  of  witnesses  sworn  and  examined  before  me  on  the 7th  day  of  September- 
A.  D.  1886,  ac7  o'clock  p.  m.  of  said  day,  and  ou  September  8th  and  9th,  1886,  there, 
after,  at  the  clerk's  ofiBce  of  said  court  in  Sitka,  district  of  Alaska,  United  States  of 


20 


si:al  fisiieuiks  i\  hkuing  ska. 


AiiM'iicii,  1>\  virl  lie  and  in  piirsnuiicf  of  tin'  order  of  said  CDnil,  made  mid  entered  in 
tlio  ali()ve-ei)t  itled  iictinndn  SeplenilxT  (illi,  Ir^.""*!.  direel  in;;  tlial  tiie  testinmny  ami 
(Icpositions  of  Ha  id  wit  in-sseN  lie  tai<en  lie  I  ore  nu'.  at  said  lli'.st  nu'ntioned  time  ami  plaeo 
and  at  such  snlise(|nent  tinn-N  as  t  lie  taUinj;  of  tho  Name  mi;;' lit  lie  eontiiine<l  to  hy  uu% 
ill  Maid  act  ion  tlien  and  there  pending;  in  said  dislri<'t  court,  between  f  lie  I'nited  States 
as  ]ilaintiir  and  the  schooner  ('(trolaid  as  (let'endant,  on  liehalt'ol'  and  at  the  instance 
of  till-  said  plaint  ill',  the  I'liited  States,  and  upon  notice  tit  the  time  and  place  of  t  ak- 
in j^  of  said  deposit  ions,  .served  upon  .James  IilaUe,  the  mate  of  said  scl  doner,  he  liein;; 
the  only  olticer  ol'  said  schooner  njion  whom  service  con  Id  lie  made,  and  np<in  W.  (MarU, 
es(|.,  his  attorney,  I  he  owners  of  said  Sidmoner  liein;;'  niiknow  n  and  \\  it  lion  t  the  juris- 
diction of  this  cDiirl. 

('ajilain  ('.  A.  Ahhey,  liein^  dnly  sworn,  de]ioses  and  says  : 

(}.  State  yonr  name  and  occupation. — A.  Captain  I'.  A.  Ahhey,  in  the  United  States 
KeveniM*  Miirine  Service,  at  jiresent  in  command  of  the  I  S.  Jiovenne  steamer  Convht 
on  special  dnty  in  Alaskan  waters,  for  the  protection  of  the  seal  islands  and  of  the 
GoNcrnnient  iiiteiesis  in  Alaska  iicncrally. 

i).  What  wei'e  yon  doin^'  and  what  occurred  on  the  1st  of  Au^iust  last  in  tlio  line  of 
yonr  duty.' — A.  Cinisin^  in  l)eriii]ns  Sea  ahont  T-'i  milcH  soiitli-sonlheast.  from  St. 
G(M)r;;t''s  Island,  and  J  found  the  IJritish  s(diooner  (drohiKi  ot  Victoria,  H.  ('.,  driftinj; 
with  sails  down.  Her  hoals  were  ahsent,  and  she,  was  evident  ly  a  sea  lei'.  J  saw  dead 
Hoal  l\iii^  niion  her  forward  deck;  ini|nired  of  the  schooner  in  which  direction  her 
boats  were. 

J  then  ordcicd  her  to  be  seized  by  Lieut.  Cantwell  for  killing;  fur  se.-il  in  the  water.s 
of  Alaska,  took  her  in  tow,  and  ]>id(teeded  to  limit  ii[i  her  boats,  all  four  of  which  I 
found  with  freshly-killed  I'lir  se.il  in  them,  ariiiH,  ammunition,  and  hunters,  some  of 
whom  1  saw  shooiinnat  the  seal  in  the  water.  Tliesti  boats  all  went  on  board  tlu^ 
Cor<ih'ii((.  On  this  evidemui  1  caiiseil  the  vessel  to  be  sei/.e<l  by  ].,ient.  Cantwell.  I 
took  her  in  tow  and  proctM^lcd  with  lier  to  (binalaska  where  1  iilaced  the  ves.s(^l, 
tacdile,  c.ar^d,  furniture,  and  ap|inrtenaneeH  in  (diar^e  ol  Deputy  U.  S.  Marshal  Isaac 
Anderson,  of  Oiiiialaska  ;  the  carno  of  fur  seal  skins  bein^  stored  in  "  Ki'uch,"  in  oim 
of  the  warehonses  <il' the  Alaska  (Jomniercial  Comiiaiiyand  nnder  seal.  The  arms  and 
ammunition  of  this  vess(d  1  look  on  board  the,  Ctinciii  and  brought  to  Sitka  and  de- 
livered into  the  custody  of  the  II.  S.  marshal  there. 

Th(^  vessel,  tackle,  fiirniliire,  and  cai'^o  are  now  in  the  custody  of  the  I'.  .S.  niiirshal 
(»f  this  district. 

i).  W'tiH  this  the  vessel  nn'aiiist  which  thi.s  libel  of  information  is  tiled  ?— A.    It  is. 

({.  l*id  iill  this  occur  w  itliin  the  waters  of  Alaska  and  tlio  Territory  of  Alaska,  and 
within  the  Jurisdiction  of  this  con  it  ? — A.  It  did. 

Q.  Did  this  occur  within  the  waters  of  the  soa  iiaviffalile  for  vessels  of  ten  (IO)t()nH 
bnnlcn  or  o\  I'l'  ? — A.   It  did. 

('.    A.    AlJlJKY. 

Subscribed  ,'ind  sworn  to  before  nio  lliis  Oth  day  of  Seiitcmber,  A.  D.  lSt-(!,  after 
having  been  read  over  by  me  to  tleiionent. 

Andkkw  T.  Li:wi.s. 

Vhrk. 

l>ientenant  John  C.  Cantwell,  being  dnly  sworn,  deiioKcs  and  .says: 

Q.  Stato  yoiu"  name,  occupation,  and  ago? — A.  Jolin  C.  Cantwell,  third  lionten- 
aiit,  II.  S.  iiarine  Service,  at  iire.sont  on  duty  on  the  I'.  S.  IJoveime  steamer  Convhi, 
and  over  the  age  of  t  went.^  -one  years 

((».  Were  yon  so  on  the  1st  day  of  August   last  ?— A.  I  was. 

(}.  State  wh;it  occurred  on  thatilay  in  the  line  of  yonr  duty. — A.  A  schooner  was 
niglitcd  from  I  he  Vdnriii  and  I  was  directed  by  Capt.  Abbey  to  board  her.  1  found  her 
to  be  the  schooin'r  Trt/o/i  »«,  of  Victoria,  1?.  C,  .lames  Ogil  vie,  captain,  and, Tames  HIake, 
mate.  1  saw  dead  seal  upon  her  deck,  and  thiM'aptain  admitted  that  he  was  engageil 
in  taking  seal,  and  t  hat  four  of  the  schooner's  boats  weri!  iit  the  time  absent  from  the 
vessel  engaged  in  killing  seals.  I  signaled  this  fa(;t  to  C.-ipt.  Ablx^y  and  be  di- 
rected me  to  Hci/.e  the  vessel,  which  1  did,  and  the  Corwiit  took  ii,s  in  tow. 

Q.  Do  yon  recognize  these  }»ai)»M-s  ;' — A.  1  do.  This  ])aper  marked  (Ex.  I)  is  the 
certificate  of  registry  of  the  schooner  Carohua,  of  Mctoria.  15.  C.  ( HaUl  certijicittc  in 
dalfd  March  'iint,  1870,  (ind  rcinrxciits  mid  siliooiicr  as  of'.),ldi)  toiin  hiirdiii,  and  owned  b;/ 
Fraiiiin  Armstronf/,  at  I'icloria,  Ji.  C.)  Thi.s  ]ia])er  marked  (Ex.  .J)isthei  bill  of  health 
of  said  schooner.  (Said  hill  of  Iicallh  in  dated  at  rictoiia,  Ji.  ('..  May  Idth,  18H(i,  and 
rcprcKcntH  naid  schooner  I'arolennan  then  readij  to  depart  for  Behrina  Se<(  and  Okliotxk 
Sea  and  other  jj/^cc.f  beijoitd  the.  sea,  with  ./antes  Oi/ilrie,  master,  and  eleren  persons,  in- 
clndinff  said  master.)  This  ]iai)er  marked  (Ex.  K)  i.s  the  coasting  lii-imse  of  said 
Bchooner.  (ISaid  license  is  in  the  nsual  form,  to  James  Oijilrie,  master  of  the  schooner 
Carolenn,  dated  at  I'ietoria,  JI.  C,  J''eh.  UUh,  ISHti,  and  in  tcrnis  crpires  on  the  '.'Mth 
day  of  .Inne,  IHHti. )  This  pajier  marked  (Ex.L)  is  the  clearance  of  said  schooner. 
{Said  clearance  is  for  said  schooner  as  of ',i,VJO  tons,  navigated  with  eleren  men,  James 


; 


SEAL    FISHERIES    IN    BEKINO    SEA. 


21 


Oijilrir,  iintHttr,  hiniud  for  I'acijic  Ocidn,  Hrhrhig  Sr(i,aii(l  Okhotsk  /Sen,  on  ti  I'mhin;/  untl 
liuntitifi  rojuuif,  atiil  is  dntid  at  V'ulor'ni,  li.  (  .,  Mmj  V^th,  li-Ti.)  All  of  which  piiiuTH 
wero  i'ouiid  ou  huiird  tlio  Varolvna  at  tlm  timo  ol"  Ht-i/uio  and  takt'ii  iioMHOH.sioii  ol' by 
me. 

(^.  Stato  liow  many  nioa  the  Carolciia  had  on  hoard  as  crew  whon  HtMZod. — A. 
TliirtctMi  Of  fonrtocii. 

(}.  Stato  wht'tlipr  tli'm  is  a  ronsonahlo  nunihfr  of  men  for  ordinary  purpo.scH  of  coin- 
nit^rco  and  inivi;jation. — A  It  in  an  nnnsnally  lar;ii'  nnmhcr  lor  that  inir[>o,st)  on  a  vch- 
Kcl  of  that  size. 

JiiIlN  (,'.  Caxtwkt.i,, 

■Ad  Licit,  r.  .S.  A*.  J/. 

Suhsi-riliod  and  sworn  to  hefon^  nn>  this  tttli  day  of  Soptomht'i',  A.  ]).  lr?H(),  after  iniv- 
in;;  been  read  over  by  me  to  (h)i)onent. 

[SKAL,  J  AN1>I!KW    'I'.    LkWIS, 

Clifk  I'.  S.  Dint,  toint. 

John  I'.  KhodrH,  IicIdj;  duly  .sworn,  dcposcr.s  and  says: 

<.).  State  yonr  name,  aj^i'.and  occnpation. — A,  John  l'.  Kliodes,  Lient.  U.  S.  Reve- 
nue Marine,  and  at  present  on  duty  on  the  IJ.  S.  revenue  ste.'iiner  Conriii,  and  over 
the  ai;e  of 'Jl  years. 

({.  .State  whiit  arms  and  atnmnnition  were  seized  on  the  scliooner  Viirolcnn  at  the 
time  of  lier  Mcizure.— A.  4  rilles,  1  musket,.')  shutjjnns,  171  shotj^uu  eartriilj^es,  H;'):? 
rifle  eartri<l;ies,  14J  l>ays  buck-shot,  ^  baj;  of  bullets,  -lO  ba^sol'  wads,  "il  boxes  wads, 
i;?  boxes  jiriniers,  li  boxes  of  caps,  '.11  lbs.  pow(lt>r. 

(j.  Were  there  any  nautical  instruments  seized  on  the  ('(irolaia  excejit  wliat  is  in- 
rliidcd  in  the  jjeneral  inventory? — A.   1  octant,  1  (luadrant. 

(,).  What  has  becoiue  of  lliis  property  .' — A.  It  has  all  been  deliveicd  to  tlie  U.  S, 
Marshal  at  Sitka,  and  is  now  in  his  custody. 

■  FolIX     ir.    K'IKIDKS. 


h 

<k 


Suliscribed  iind  sworn  lo  befnie  me  this  t>th  clay  of  Sipteinlier,  A.  1>.  l."'.->t'i,  after 
having'  been  read  over  by  nie  to  dejtnnent. 

A\i)i!i:\v  T.  T.i'Wis, 
fSEAI..]  Clerk  l\  S.  /j;.s/.  Court. 

.J.  II.  Douglass  being  duly  sworn  deijoscsand  says: 

i^.  State  your  name,  age,  and  oecniiatiou. — A.  ,1.  II.  Douglass;  am  over  tlu'  age  of 
'21  years  :  am  a  pilot  in  t  lie  revenue-marine  service,  of  the  l'.  S.,  and  liave  been  so  for 
7  years  last  past.  I  am  now,  and  on  tlu'  first  of  August,  l^^t!,  was,  jiilot  on  the  reve- 
nue steamer  (  oruin. 

Q.  .state  what  expi'rience  you  have  had  in  the  fur-sealing  bnsinessand  yourknowl- 
edg(,>  of  the  habits  of  the  fur-seal. — A.  I  have  l)cen  cruising  for  luorethan  1.')  years 
oti  and  on  in  Alaskan  waters  always  as  an  otli(!cr  or  pilot  and  have  visited  the  I'riliy- 
iolf  Islands,  .St.  Paul  and  St.  (Jeorgc,  several  hnndicd  times  and  am  perfectly  familiar 
with  the  sealing  business  as  conducted  on  those  islamls  and  understand  the  migrat- 
ing habits  of  the  fur-seal.  From  about  tlie  1st  of  .May  to  about  the  1st  of  .Inly  of 
(!acli  year  the  fur-seal  is  migraling  north  through  the  I'nimak  and  Akiitan  passes  to 
these  islands  for  breeding  ))nrposes.  They  go  to  no  other  place  in  the  known  world 
excejit  these  islands  and  Copper  Islands  for  breeding   piir]i(ises.     After  lireeding 

season  of  about  .a  mouth  they  begin  to  migrate  south,  and  until  into  rsovemberof 
each  year  .are  migrating  south  through  Hehring  .Sea.  During  this  s(^ason  from  May 
till  November  the  fur  seal  are  plenty  in  the  waters  adjacicnt  to  tlu^  I'riliylolf  Islands, 
and  are  migrating  to  and  from  these  islands  and  are  at  all  times  very  plenty  between 
IJniinak  pass  and  said  islands  in  a  track  about  ;iO  nnles  wide  which  seems  to  be  their 
highway  to  and  from  said  islands.  The  schooner  (kiroleini  and  1  (!r  boats  when  seized 
were  directly  iu  this  tract.     I  was  present  at  time  of  seizure. 

.1.   II.   DOUGI.A.S.S. 

Subsci'ibed  and  sworn  to  before  nie  this  Hth  day  of  Sept(Mnber,  A.  D.  l.^'r^tl,  after 
having  been  read  over  by  me  to  deponent. 
[seat,.]  '  A>\i)i!i:\v  T.  Lkwis, 

Clak   L.  .■S.  Dist.  Court. 

Thomas  Singleton,  being  duly  swoi'u,  deposes  and  says: 

Q.  Stat»^  your  name,  age,  and  occnpation. — A.  Thomas  .Singleton  ;  .'im  over  the  age 
of  21  years;  and  am  a  seaman.  Was  t  niployed  on  the  steamer  Corwin  on  the  1st  day 
of  Augu.st,  ISriO,  when  the  Carolina  was  seized.     1  was  scut  on  board  tlie  Carolena 


SEAL    riSHERIES    IX    nERINf}   SEA. 


It' 


22 

ri^lit  al'ti'i'  till'  sci/Mii',  iiixl  sinv  a  nuinlit'r  of  dcid  fur  si-iil  on  dcik  iii  d  .soiiio  of  tliiiii 
liail  I'lir  (Ml  tliriii.     Saw  also  .soiiu^  tVosh  fiir-H«'al  Hkiii.s  in  tlii>  ItoatH. 

Thomas  Six(1I,kt«)\. 

KiiliMcrilM'd  and  swnin  (n  licfoio  nic  tliis  ■'lli  day  i>t"  Siptciiilier,  IHr^li,  after  luiviiiji 
licfii  ri-ail  over  liy  me  lo  dc|i<>ii*-iit. 
L.sKAi,.]  Andhkw  T.  Lkwis, 

Clirl:  ('.  S.  Dint,  ((iiirl. 

IN    TIIK     L'NHi:i>    SIAl'KS     I)I>THI(T   Cnl'ltT     IV     AND     I'olt    TIIK     DISTliU  I'    »)1'     ALASKA, 

I'MIKK   SIATIOH    OF    AMI.IUt'A. 

The  Uiiitnl  iStalcH  vs.  The  xvhooiicr  Carolina.     So.  'il. 


Whcn-as  (Ml  tin'  (itli  da.\  of  Dcccnilicr,  IHHd,  tlio  naid  district  court  di;ly  made  and 
entci'i'd  iu  tlic  jonriial  ol'  said  cunil  an  ordrr  in  tlix  alxivc-rnt  it  li>d  acliitn,  ilirrctin;;' 
that  tli('  K'NliniiHiy  and  dc|n)silinn.s  of  tini  wilncssrs,  ('.  A.  A  1)1  icy,  .1.  (J.  Cant  well,  J.  V , 
]iliodcs,  ,J.  II.  l)oiij;lass,  and  'I'lioinas  Sinnlclon,  lie  taUi-n  licl'orc  nic,  tiic  (dcik  ot'said 
court,  at  the,  time  or  tiincs  and  place  and  iiiion  siudi  lutlices  as  arc  .specilied  in  said 
order: 


«.\(liilliiii(     *f\    liriv       Mil    ,    4111,1     L     1111    II     ,111,1     ,11,    I<       I, 

each  of  said  witnesses,  and  reduced  tiiesainc  m  ^iiiiiin  ui  ms  | 
tiu're  rciid  tlie  saniii  over  to  liiin;  and  he  tlieii  and  there,  after  the  same  iiad  hi'cn  so 
rcdn(.'C(l  to  writiii;^'  and  read  over  to  him,  siihscrilied  the  same  in  my  prcscnee,  ami 
swore  to  tilt!  trntli  thereof. 

In  witness  wliereof  I  liavc  lu'rcnnio  set  my  h.ind  and  the  seal  of  sai'd    district  court 
tliislHli  davof  .Seiitcmiier,- l-rtii 

[.si.:Ar..]  ' 

CU 


AniiI!i;\v  T.  I-K\vis, 
Ui-k  (if  the  V.  S.  Dixti'ict  Coiirl  iii  <ni(lf(ir  llic  D'mlr'ot  of  Jlitskii, 

I'liitid  States  of  Aincri 


I   nimi   kjiuivi  oj   £iiini  uki. 

On  Sei)tonil)ei'  20tli,  ISSd,  was  filed  the  Collowinf?  ameiitlo*!  libol  of 
iiifoniiation  : 

IN  Till';    ixiri;i>   staths    i>isri{i('T   cofiiT   iv  and   kok  thi-:  disthkt  ok  ai.asica, 

L'NIT!:i)   STATl'.S   Ol'    AMKHICA.      AUGIST   SI'KCIAL   TKlt.M,    ISsti. 

To  tlic  honorable  Lai'ayktti;  Dawson, 

Judijc  of  said  diHtricI  coitrf: 

The,  amemU'd  lihel  of  information  of  M.  D.  liail,  attorney  for  tli«  United  8tat(?s  for 
the  district  of  Alaska,  who  piosccuteson  liehalf  <if  said  United  .States  ami  lieinj;-  i)res- 
ent  here  in  court  in  his  own  jiroper  iierson,  in  the  name  and  on  lielnilf  of  the  said 
United  States,  alleges  and  informs  its  folhiws,  to  wit : 

That  C.  A.  Abbey,  an  oflicer  in  the  revcnno  inarino  Hervice  of  the  United  States, 
duly  comuiissioned  by  the  President  of  the  United  Stares,  in  command  of  the  United 
Stat(,'8  revenue-cntter  Coriviii,  and  now  on  special  dut.v  in  tlie  water.s  of  the  district  of 
Alaska,  heretofore,  to  wit,  on  the  1st  <lay  of  Auf^nst,  188(5,  within  the  liniit.s  of  Alaska 
Territory,  and  in  the  waters  thereof,  and  within  tln^  civil  and  judicial  district  of 
Alaska,  to  wit,  within  the  waters  of  that  portion  of  IJehrinjj;  Sea  belon<fin<^  to  the 
Uuited  States  and  saiil  district,  on  waters  navif^able  from  the  si^a  by  vess«ds  of  ten 
or  more  tons  burden,  seized  tlw!  schooner  Carolciia,  her  tackle,  apparel,  boats,  carfjo, 
aud  furniture,  being  the  property  of  some  person  or  jjcrsons  unknown  to  said  attor- 
ney.   The  said  property  is  nn)re  particularly  described  as  follows,  to  wit: 

1  schooner  Caroleiia,  of  Victoria,  B.  C,  4  canoes,  1  yawl,  carpenter's  tools,  clock, 
chronometer,  nautical  instruments,  sails  and  running  gear,  2  anchors,  ropes,  twine, 


SKAL    FISlIKltlKS    I\    UKUINf}    SKA. 


23 


oiirH,  pinlilli's,  ri)\vl()ck»,  &v.  ;  Ijiiiips,  tiiiikM,  proviHiinis,  (JH.'i  fur  nt'iil  Nkins,  I'J  ]h\\)  nvnl 
skins,  1  liiiir  sciil  skin,  I  rillcn,  .'>  sli(>(;;iiiis,  ami  uiiiiimnition  (or  siiiiic,  ninl  all  otlicr 
l>ro|ii'r;y  loiinil  ii|i()n  or  n|i|Hirlt>iiant  to  saiil  scIiooid'I'. 

'I'iiat  saiil  ('.  A.AIdii'y  was  tlii«ii  and  tlu-ituliily  roitnnisNioiicil  anil  aiillioii/cd  liytlii- 
proiMU'  do|iai'tni(<iit  of  thr  I'liilfd  Stales  to  make  said  st^izuro. 

That  all  of  said  iiio|icny  was  tlicn  und  tlimo  scizod  iiH  forffitid  to  tln^  I'liitcd  States 
lor  tlin  following  canscH  : 

'IMiat  said  vessel,  her  eajdain,  olllcers,  and  crew  were  then  ami  there  fonnd  enj^aned 
in  killin;j  fnr  seals  within  thi^  liniitsof  Alaska  Ti-rritory,  and  in  the  waleis  thereof, 
in  violation  of  si'etion  111.")!!  of  theUiuised  Slatntesof  the  I'niteil  Stales, 

That  all  the  said  |iro|teitv,  after  heinf^  seized  as  afcu'esaid,  was  i>roni;ht  into  the 
port  of  Onnalaska,  in  said  Territoiy,  and  delivered  inio  the  keepin;;  (d'  Isaac  Amler- 
s(ni,  a  deinity  I '.  S.  maiHlial  of  this  district,  with  the  cxceid  ion  of  the  said  aims  and 
arnninnition,  whicdi  latter  weio  hvon^ht  into  the  port  of  Sitkii.  in  s.aid  disl  rii'l,  iiml 
tnrned  over  Id  the  I'.  S.  marshal  of  this  district,  and  all  of  said  projierty  is  now  within 
the  jndicial  district  of  Alaska,  railed  Slates  of  America. 

Ami  the  said  .M.  1).  liall.  attorney  ;is  aforesaid,  further  informs  and  alle;^es  : 

That  on  the  1st,  day  of  Ani;nst,  Hsii,  .lames  lilake  ami  (certain  other  pcisons  whose 
names  are  to  said  II.  .S,  attorney  nnkm)wn,  who  were  then  and  there  en;;aj;e<l  on 
hoard  (d'  the  sai<l  schooner  CnvoU mi  nnder  the  direction  ami  hy  the  anthority  of  .lann's 
O^ilvie,  then  and  there  imister  (d"  said  schoom'r,  enj;a}{ed  in  killiii!;;  and  did  kill,  in 
the  Territory  ami  distiid  of  Alaska,  and  in  the  waters  thereof,  to  wit,  "Jo  fnr  seals, 
in  violation  of  section  r.t.')(!  of  the,  J>e vised  Statntos  of  the  United  Slates,  in  sncdi  eases 
made  and  provided. 

That  I  he  siiid  df^.')  fnrseal  skins,  I'J  jnip-scal  skins,  and  I  haii'-scal  sUin,  and  other 
<;()()ds  so  sei/.e(l  on  hoard  <d'  said  schooner  <'<iriilrii<i  consiiinted  the  cariio  of  said 
schoonci'  at  the  line  id'  the  killin;;'  of  said  fnr  se.als  iind  .il  the  timi;  oi'  said   sei/nre. 

Ami  said  attorney  saith  that  all  and  sini^nlar  I  he  premises  wci'e  and  are  Irne  and 
within  the  admiralty  and  maritime  jnrisdn'lion  of  the  United  Stales  ami  of  this 
lionorahle  conrt,  and  I  hat  hy  reason  theri'of,  and  by  force  of  I  he  slatntes  in  sncdi  <!ases 
made  iind  providcMl,  tlu!  aforenu'iitioned  schooner,  lieinj^  a  vess(d  of  over  "id  tons  har- 
den, and  her  said  taidde,  appartd,  boats,  ciire;i),  and  furniture,  hecann'  and  are  forfeited 
to  the  nse  of  tht'  United  Slates. 

Wherefore  the  said  attorney  prays  that  the  usual  i»rocess  ami  m  inition  <d"  this 
honorahle  conrt  issne  in  this  hehalf  ajiainst  said  scdiooner  and  all  sa  d  hei'einhefore 
<lescrihed  jn'operty  to  enforce  the  forfeitnre  thereof,  and  reiinii'in;;  notice  t(»  be  <;iven 
to  all  persons  lo  appear  and  show  causes  on  the  return  day  «d'  said  )n'(  cess,  why  said 
forfeiture  should  not  be  decreed,  and  that  after  due  lU'oceed'  ;js  are  had,  all  of  said 
]tro)>erty  be  ailjmljj;e(l,  decreed,  and  c(mdenined  .ns  forfeited  to  t'lo  use  (d"  the  United 
States,  ami  for  such  other  rtdiid' as  mav  bi^  [U'ojier  in  the  premises. 

^u  1).  r.Ai.i,, 

U.  S.  Dist.  .Itlonicij  for  the  Dhhiit  of  .(/((d-i/. 
Dated  September  \>Oth,  ISHII. 

On  the  .sauie  day  wa.s  fik'd  the  folh)\viiis"  chiiin  by  i)roctor  for  owiior.s. 


'**' 

■v,' 


'"^^ 


i.\ 


TlIK     lNITi:i)     STATKS     DISTKICT   COl'KT    I'Olt 

MIIIAI.TY. 


TlIK     DlSTlilCr   Ol''     ALASKA.       I.\    AD- 


In  the  matter  of  the  libel  of  hiformafioii  atjninHtlhe  nrhooncr  t'uroleua,  lier  tackle,  apparel, 
fiirnitnre,  and  carijo.     Claim  hij  proetor  for  oivners. 


And  now  W.  Clark,  the  duly  authorized  proctor  for  Mnnzie  &  Co.,  owners  of  tho 
property  above  named,  int(.'rv«Miin<r  i'oy  the  interest  of  the  said  Mnnzie  A  Co.,  of 
Victoria,  15.  C,  owners  of  the  siiid  sdioontu  Caroleiia,  h(>r  ta(d<lo,  api)arel,  furniture, 
and  cargo,  as  set  forth  in  the  libel  of  information  herein,  appears  before  this  hon- 
orable conrt  and  imikes  claim  to  the  said  schooner  Caroleiia,  her  tackle,  appand, 
cargo,  and  furniture,  as  set  forth  in  the  said  libel  of  information,  and  as  the  same  are 
attached  by  the  marshal  under  jjiocess  of  this  court  at  the  instance  of  M.  D.  Ball,  esii., 
U.  S.  dist.  attorney  for  the  district  of  Alaska. 

And  the  said  W.  Clark,  proctor  as  aforesaid,  avers  that  the  said  Mnnzie  &  Co.  were 
in  possession  of  the  said  schooner  Curolena  at  time  of  the  attachiuent  thereof,  and 
that  the  said  Mnnzie  &,  Co.  above  named  are  the  true  and  hona-fide  owners  of  the 
said  schoouer  Caroleiia,  her  tackle,  ai)par(d,  cargo,  and  furniture,  as  seized  by  the 
marshal  as  aforesaid,  and  that  no  other  person  is  the  owner  thereof. 

Wherefore  ho  prays  to  defend  accordinglv. 

W.  Clahk. 

W.  Clark  &  D.  A.  Dingle y. 

Proctors  for  Claimant. 


/?»ij 


m 


24 


SEAL    FISHERIES    IN    BERING    SEA. 


On  the  same  day  was  filed  the  following  demurrer: 

IX   TIIP:  united  states  PISTKICT  court  for  the  district  Of  ALASKA. 

United  States  \a,  Munzie  i^-  Co.  and  echoonsr  "  Carolena."     Demurrer. 

The  (leniurrer  of  Muiizio  &  Co.,  claimants  of  the  property  proceeded  against  in  the 
above  fiauso,  to  tlie  amended  information  iiled  herein. 

Ist.  Tlie  said  claimant  by  protestation,  not  confessinjf  all  or  any  of  the  matters  in 
said  amended  information  contained  to  be  true,  demnrs  thereto  and  says  that  the 
said  matters  in  manner  and  form,  as  the  same  are  in  said  information  stated  and  set 
forth,  are  not  suflicient  in  law  for  the  United  States  to  have  and  maintain  their  said 
action  for  the  forfeitnre  of  the  prop(;rty  aforesaid. 

'2d.  The  said  claimants  by  prott!station  deny  that  this  conrt  has  jurisdiction  to  de- 
termine or  try  the;  question  lu-reby  ]»nf  in  issue. 

'M.  Anil  that  said  claiiiumts  are  mu,  bound  in  l.aw  to  answer  the  same. 

Wherefore  the  said  claimants  pray  that  the  said  information  muy  be  dismissed  with 
costs. 

W.  c;i.AHK  iV  D.  A.  Din(;lk.v, 

I'ructors  for  Chdmanls. 

Which  wa.s  ovcrnilod  by  the  (joiirt. 

Oii  the  same  day  was  tiletl  tlie  Ibllowing  an.swer: 

IN     IIIK    UNITKI)    SIATES    DIKTHICT   COl'KT    I'OK   THE    DISTHICT   OF   ALASKA. 

(iiili'd  SIdtiK  vs.  Mini:ic  <f  Co.  a»(1  .■schooner  "  Carolena." — Answer. 

The  answer  of  Mnnzie  &  Co.,  owners  and  claimants  of  the  said  schooner  Caro- 
lena. her  tackle,  ap|>arel,  furniture,  and  caryo,  as  the  same  are  si^t  forth  in  the  infor- 
mation tiled  herein  in  behalf  of  the  I'nifed  States. 

Anil  now  cune  Munzie  iX:  C<>.,  elainiants  as  aforesaid,  and  for  answer  to  sai>'  infor- 
niiition  a^iiinst  he  said  sciioo-u-r  Carolena.  her  tackle,  ajiparcl,  and  carj^o  as  set  u/rth 
in  said  information  say  that  tlie  said  tackle,  ai)iiarel,  and  carfjo  as  set  forth  in  the  in- 
fornnttion  mentioned,  did  not  nor  did  any  i>art  tliei'eid'  become  forfeited  in  manner 
and  form  iis  in  said  informal  H)n  in  that  belialf  aliened,  or  at  all. 

Wherefore,  tin;  said  elainiants  pi'ay  that  said  iiiiorniation  be  dismisstMl  with  costs  to 
these  claimants  attached. 

v.   Cl.AIIK    4.V    D.  A.   DiXC.T.KV, 

J'roclors  Jor  Claimants. 

On  the  Ul'd  (hiy  of  September,  ISSG,  were  tiled  the  following  exccp 
tions  to  answer: 

fXITlU:)    .STATES    DISTKH  T   CiH  UT,   DISTRICT    ()!<'    ALASKA,  UNITKI)    STATUS  OK   AMERICA. 

I'nllid  Stales  vf.  The  Schooner  Carolena.     Xn.  ')!, 

Tiio  said  liix'Hant  hereb;,  excepts  to  tlie  siilticiency  of  tla^  defendants'  answer  herein, 
on  the  following;  jfrounds  : 

1st.  .Said  answer  is  not  pro]perly  or  at  all  verilicd,  as  rcrinired  by  Knle  27  of  the  U. 
S.  A<lmir'ilty  Rules. 

•Jnd.  ."^aid  answer  is  not  fiiil,  explicit,  or  distinct  to  eacli  or  any  alleviation  of  the 
libel  herein,  as  re<|uire(l  liy  said  rule, 

:ii'd.  Said  answer  does  noi  ch-ny  or  admit  iuiy  (;f  tlie  allef;ations  of  fact  insaidlibel, 
but  mcrelv  denies  a  eoneliision  ot'  law. 

M.  1).  liAi.i,  A  W.  II.  Payson, 

I'roclors  for  liliellant. 

Sei'te.muku  'Jlst,  lss(). 

Which  exceptions  were  sustained  by  the  court,  and  on  the  same  day 
was  tiled  the  following  amended  answer: 

IX  UIE  UNITKI)  STATES  DISTRICT  COURT  FOR  THE  DISTRICT  OI'  ALASKA.      IN  ADMIRALTY. 

United  States  vs.  Mamie  tj'  Co.  and  Schooner  Caroltna,    Amended  answer. 

To  the  honorable  Lafaykttk  Dawson, 

Jnd(je  of  the  U.  S.  Distrlet  Conrt  for  the  Dhlricl  of  Alaska  : 
.Tames  Blake,  the  d;jly  authorized  mate  of  the  schooner  Carolena,  {or  Munzie  &  Co., 
iuterveuing  in  the  interest  of  and  on  behalf  of  said  Munzie  &  Co.,  owners  and  claim- 


• 


an 
an 
fu 

CO 

an 

pii 

W( 

wi 
Ui 

wi 


SEAL    FISHERIES    IN    BERING    SEA. 


25 


ants  of  siiid  schooner  Caroleiia,  her  tackle,  apparel,  furniture,  and  <ar>To  for  amended 
answer  to  the  libel  of  information  herein  against  said  schooner,  her  tackle,  apparel, 
furniture,  and  carjjo,  alicKes  an  follows  : 

1st.  That  he  denies  each  and  every  material  allegation  in  said  libel  of  information 
contained. 

2ml,  Denies  that  the  said  schooner  Carohiia,  her  tackle,  api)<arel,  furniture,  and  cargo, 
and  the  property  api)ertaining  there.o,  asset  forth  in  said  libel  of  information,  or  any 
part  thereof  became  forfeited  to  the  United  Statt  s. 

3rd.  Denies  that  said  schooner,  her  captain,  otticers,  and  crew  or  any  one  of  them 
were  found  engaged  in  killing  fur  seal  within  t\w  limits  of  Alaska  Territory  and 
within  the  waters  thereof  in  violation  of  section  VJv>6  of  the  Revised  Statutes  of  tho 
United  States,  as  set  forth  in  said  libel  of  information  or  at  all. 

4th.  Denies  that  they  killed  any  number  of  fur  seal  or  other  fur-bcnring  animals 
within  the  waters  of  Alaslja  or  within  said  Territory  of  Alaska  or  in  pait  thereof. 

Tith.  That  all  and  singular  tlie  ])remises  herein  st^t  forth  are  true. 

Wherefore  he  prays  that  this  honoralfle  court  will  be  pleased  to  jtronounct^  agai'.ist 
the  libel  heroin  and  tl'.at  the  same  may  be  dismissed  with  costs  to  these  claim- 
ants to  be  tax(Hl. 

AV.  Ci.Ainc  AND  D.  A.  DixciM'.Y. 

J'roctorn  for  L'laimantn. 

Umtei)  Statks,  Dhlrict  of  A]ask<t,  us. 

James  Ulake,  being  tirst  iluly  sworn  upon  liis  i>;itli,  says: 

I  mil  tilt'  iiiiite  of  said  seiiooiicr  inter  veiling  lor  tiie  w  it  ii  in-named  claimants.  Tiiat 
I  have  read  the  foregoing  answer  and  know  tli<i.  contents  I  hereof  and  that  the  same 
is  true  as  1  verily  believe. 

Jami'.s  Hi.akk. 

Subscribed  and  sworn  to  before  me  tliis'i'Jd  day  ol'  Sept(Miib"r,  A.  D.  l"*^!). 

;\Ni>ni:\v  T.  Lkwis, 

Chrk  of  the  ('.  S.  Di.-il.  Couyl  fur  the  J)ixlrict  of  Jlank(i. 


Oil  tli(3  4tli  (lay  of  Octobor,  18S(!,  tlit'  following'  lotiirn  was  made  to 
the  monition  heretofore  cited,  ])aj:'e  ."» : 

Sitka,  JUxtrict  of  Ald.sL-a,  n.s. 

lie  it  reineinbcred  that,  in  "bedience  to  the  aiinexcil  iinniirioii,  1  li.ivc  at'  '"lied  the 
witiiiii-dcscrilied  property  anil  ii(;W  liold  l  lie  same  in  my  jiosncssioii  subject  to  the 
(irder  ot  this  honorable  court. 

And  I  have  niveii  due  notice  to  all  iiersons  claiming  said  projicrty  to  be  and  aii))ear 
belori!  this  district  court  on  the  4th  d;iy  of  October,  ]i;H(i,  at  10  o'clock  a.  in.,  if  the 
same  shall  be  a  day  of  jurisdiction,  otherwisi!  on  the  next  day  of  jnrisdii'l  ion  tlit're- 
after,  then  and  there  to  make  their  (^laini  and  allegations  in  that  behalf. 

And  1  have,  as  ordered  by  the  said  court,  caused  said  notice  to  be  |inl>lislicd,  and 
the  same  has  been  imlilislicd  in  tin;  Al;iskan.  a  iiewsjiaper  jiulilished  at  Sitka,  in 
said  district,  on  I  iie  4th  li.iy  of  Septi'inber.  |.''S(i.  and  in  each  issue  of  said  newspaper 
.snbseiiiicnt  thereto,  until  .siiil  tth  day  of  Oitobcr,  lS"^i;. 

Haimox  Atkins, 
^far.'^ll(tl  l)hl   of  JIdska. 

Sitka,  Alaska,  October  ^Ih,  HHC. 


♦  '.■ 


i/ 


On  the  same  day  w.is  lixed  the  t'oHowinu'  d»'(;rt'e  : 


I 


IN    Tin:    CXITKI)     STATI;S     DISTIUCI      <  orilT     in      and    lOIi    TIIIO     D1ST1!I(T    of     ALASKA, 

CNITKU    STATKS   OI'    AMKKICA. 

i'liilcd  Sillies  vs.  Tin;  S-'lidoiwr  "  Curohnii/'    Xo.  ^>\.    ■ 


The  marshal  having  returned  on  the  monition  issued  to  liiiii  in  the  above-entitled 
action  that  in  obedience  thereto  In^  has  attaeluMl  the  said  schooner  Ciiroliiia,  her 
tackle,  apparel,  lioats,  cargo,  and  fiirnitui'e,  and  has  given  due  notice  to  all  persons 
claiming  tho  samo  to  ajipear  before  this  emirt  on  this  4th  day  id"  Oetobisr,  Irtdd,  at  10 
o'clock  a.  111.,  at  the  District  of  Alaska,  United  States  of  America,  then  and  there  to 
iiuei,,()se  their  claims  and  make  their  allegations  in  that  behalf;  and  W.  Clark,  est)., 
proctor  for  Muiizie  &,  Co.,  of  Victoria,  15.  C.,  having  heretofore  tiled  a  claim  to  all  of 
saivl  property,  on  behalf  of  said  Mimzie  &.  Co.,  the  owners  of  said  jiroperty,  and  no 
other  persons  having  appeared  and  no  claims  or  allegations  having  been  made  or 
tiled  herein  by  any  other  person  or  persons,  and  the  usual  inoelamations  having  been 


.1 «' 

•  ,    f  ; 


26 


SEAL   FLSHERIES    IN    BERING    SEA. 


made,  and  Haid  cause  having  been  heard  ujion  the  pleadinf^s  and  proofw,  M.  D.  Ball, 
eHQ.,  and  W.  II.  I'ayKon,  e.s(i.,  appearinj^  aHadvoeatcis  tor  .said  liht'llan*^,  and  \V.  Clark, 
esq.,  a.s  advocate  for  naid  claimants;  and  said  (uiiiso  having  been  snbniittcd  to  the 
conrt  tor  deciHJon,  and  dnedidiberatiou  being  had  iu  the  premises,  it  is  now  ordered, 
sentenced,  and  decreed  as  follows: 

Lst.  That  all  ])ersons  whatsoever  other  than  said  claimants  bo  and  they  are  hereliy 
declared  in  contnniacy  and  default. 

2d.  That  saic'  schooner  Carolena,  her  tackle,  apparel,  boats,  and  furniture,  and  her 
cargo  of  (ib;')  fur-seal  skins,  Vi  jmp-seal  skins,  and  1  hair-seal  skin,  and  all  other  ])roii- 
<'rty  i'ound  ui)on  or  appurtenant  to  said  schooner,  be  and  the  same  are  hereby  con- 
demned as  forfeited  to  the  use  of  the  United  States. 

:!nl.  That  uidessan  ai)peal  h(^  taken  to  this  decree  within  the  time  limited  ami  i>re- 
H('ril>ed  by  law  and  the  rultis  of  court,  the  usual  writ  of  reiiditioui  cxjioikis  be  issued  to 
th(5  marshal  comnianding  liim  to  sell  all  the  saiil  propcM'ty  and  luing  the  ]ii(ici!eds  into 
this  court  to  be  distributed  according  to  law.  Costs,  to  be  faxed,  are  av^■arded  against 
said  claimants. 

Lai  A VKTTK  1  )a V, sox, 

J)i8trict  Jiidqi'. 

Dated  October  4th,  If^s;. 

Done  in  o])en  court  this  Itli  day  of  October,  IHSli,  at  Sitkii,  District  of  Ala-'.v,;, 
United  .States  of  America. 

Andukw  T.  Lf.wis, 


bhi 
th 
sh 
sc 
ti 

Wl 

ne 
nic 
<!it| 
th 

sai 


.\1 
SI: 


te: 
sti 
of 


Oil  the  .sar.io  ditv  was  filed  tlio  followiiiu-  motion  to  sot  aside  decree  : 


IX  ri'K  uxiTKi)  siATKs  i:)isrKicT  f(iui;r  I'oii  Tin:  distuict  oi'  ai.aska. 

United  Statrnvs.  Mit)i:ir  <y-  Co.  and  sell  ooiicr  ''  Carolciia."     Motion  to  mt  aaidt  dt  <  rvr. 

Now  come  W.  Clark  and  D.  A.  Dingley,  proctoi's  intervening  for  and  in  behalf  of 
the  claimants  herein,  ami  move  tiieconit  to  set  iiside  the  decree  rendered  herein  for 
the  reason  that,  the  evidence  ])roduce(l  on  behalf  of  the  United  States  is  wholly  in- 
sufticient  njion  which  to  ba.se  said  decree. 

W.  Clakk  A:  D.  A.  DiN(;i.Kv. 

rroclois  tor  Chuniant'^. 


^ 


Which  motion  was  overruled  by  the  conrt,  and  on  the  same  day  was 
filed  the  following  notice  of  ai)i)eiil : 

IX   TIIK,   rXITED   .STATICS   DISTUICT   COUHT   FOU   THE    DISTItUT   OK    AI.A.-     A. 

United  States  vs.  Mnn::ic  .f-  Co.  and  scliooner  "  Carolena.^^    Notice  of  Appeal. 

And  now  come  W.  Clai'k  A-  D,  A.  Dingley,  proctors  for  and  in  behalf  of  the  claim- 
ants herein  and  notify  this  lionoralde  conrt  that  they  h(^rel)y  af)iieal  from  tiio  decree 
rendered  herein  to  tUe  circuit  c(Mirt  having  ajjpellate  Jurisdiction  over  this  district 
and  that  said  a])peal  is  taken  uiion  (piestions  of  law  and  fact,  and  pray  tlm  court  for 
an  order  on  its  clerk  to  prepare  a  completed  transcri[)t  of  the  record  herein,  as  the 
law  requires. 

W.  Cr.AKK  &  D,  A.  Dixcr.r.v, 

I'roetorx  for  Cluimantn. 

On  the  Dth  day  of  Febrnary,  1887,  was  entere<l  the  following  order  : 

iu  ilie  matter  of  the  United  Slates  vh.  setiooner  Onward,  Xo.  41);  schooner  Thornton,  Xo, 
.'iO ;  schooner  Carolena,  Xo.  ol ;  schooner  San  Dieijo,  Xo.  52;  arnn  and  ammunition 
schr.  Sierra,  Xo.  f)?  ,  arms  and  animnvition  schr.  City  of  San  Dieijo,  Xo.  58. 

In  the  above  catises,  upon  motion  of  the  attorney  for  the  United  States  and  argu- 
ment of  counsel  for  the  United  States  and  for  the  interveners  in  said  causes,  and  con- 
sideration by  the  court,  it  is  this  day  orilered  that  writs  of  renditioni  exponas  do  issue 
from  the  clerk  of  said  court  to  the  niauhal  of  said  district,  for  the  sale  of  the  attached 
vessels,  with  their  tackle,  cargoes,  and  furniture  of  whatsoever  description,  and  of 
the  arms  and  aninninition  attached  in  said  causes,  and  as  to  said  attached  vessels  that 
thesale  of  the  same  (except  the  schooner  San  Dietjo,  which  shall  be  sold  at  Sitka), 


SEAL    FISHERIES    IN    J5ERING    SKA. 


27 


Hhfvll  l>e  iiiiiilf  at  Port  TowiisoikI,  in  the,  district  of  Wasirmiitoii  Territory,  and  as  to 
the  8t'al  skins,  jiart  of  tlic  carfidcs  ol  said  m  sscls  atlaclitd,  lliat  sale  ()ttli(>  same 
shall  1)0  fiiado  at  San  Fianoisco,  in  tho  Dis'rict  of  Calilornia,  and  that  salo  of  said 
schooner  San  l>ir<jo,  an<l  all  the  other  attached  property  lie  made  ,it  Sitka,  in  tho  dis- 
trict of  Alaska.  Thirty  ilays'  notice  of  snch  sales  to  lie  ;riven  at  each  of  the  places 
wheie  the  sanio  are,  to  he  made,  hy  posting  such  notice,  or  liy  piihlication  in  some 
ne\vs]ia])er  jinhlished  at  snch  places  respect  ively.  And  that  said  marshal  <lo  have  the 
moneys  arisinj;' from  snch  sales,  to^jcther  \\  ith  the  writ  commandinjj;  the  same,  at  a 
district  conrt  of  the,  I'liitcd  States  tor  this  the  said  district  of  Alaska,  to  ho  held  on 
the  first  Monday  in  September,  1CJ&7,  aid  tliat  ho  then  pay  the  same  to  the  clerk  of 
said  court. 

Ci.Kiui's  Oi'i'ici:  U.  S.  DisT.  Coiirr,  I)i.STiiic;T  oi'  Alaska, 

iSi7/,(i,  March  111,  1^87. 

I,  Andrew  'Y.  Lewis,  clerk  of  th.^  United  States  district  coiii-t  for  tho  district  of 
Alaska,  do  certify  that  the  t'orej^oiii;;-  transcript  of  the  record  in  the  case  of  the  I'liited 
States  r«,  Th(!  schooner  Carohiiit,  her  tackle,  ap[iarel,  iVc.,  on  lihel  (d'  information, 
pcndinjr  in  said  court,  has  heon  compared  hy  m<i  with  tin?  oriiiiiial.  anil  that  it  is  a 
eorrect  ti'anscript  therefrom  and  of  tho  whoh^  of  said  original  record,  excejit  the  full 
text  of  the,  exhihits  referreil  to  in  the  testimony  therein,  of  which  tlii'  jmrport  only  is 
stated,  ami  that  said  purport  of  said  exhibits  is  cor:ectly  stated,  as  tiie  same  appears 
of  record  at  my  ol'lico  and  in  my'  <'nstody. 

Witness  my  hand  and  tlio  seal  of  saiil  court  the  day  ;uid  year  above  written. 

[sKAt,.]      "  Axi>i{i".\v  T.  ]>i;wis. 

( 7cr/,-. 


ItiiclKsui-i'  "J.] 

'fniihicrijil  of  record  in  Ihr  cane  of  tiic  Hclioaiu  r  (hiirard. 

The  L'nited  States,  libellant,  r.v.  The  rehooiier  (hnronJ,  her  t.n-kle,  A.e.    On  iibel  of  iii- 
lormation  for  being  engaged  in  the  business  of  killing  I'lirseal  in  Alaska  waters. 

Oil  tlie  L*Stli  daj'  of  Ano-nst,  ISSO,  Avas  lilcd  tlit'  i'ollowiiio-  lilid  of  iii- 
i'ormation  : 


I.\     Till',     IiISTIMCT    COL'ItT     OI'    Till':     UMTKI)     STATKS     I'dll     IIIK     DISTKM  T    OF    ALASKA. 

Al.'(iL'.ST    Sl'KCIAI.   TKIt.M,   l3-(i. 

To  the  honorable  LArAYHTTK  Dawsov, 

Jn<\<lc  of  the  said  diHlrirt  conri : 

Tho  libel  of  information  of  >L  1).  Hall,  attorney  for  tlie  l'nited  States  for  the  dis- 
trict of  Alaska,  who  prosecutes  on  behalf  of  tlu^  said  I'liiied  States,  against  the 
echooner  (hnrard,  her  tackle,  ainiarel,  boats,  cargo,  and  fninitiire.  and  against  all 
jiersons  intervening  for  their  interest  therein,  in  a  cause  of  I'orfeiture,  alleges  and  in- 
forms as  follows : 

That  Charh^s  A.  Abbey,  an  otlieer  in  the  Kevenne  Marine  Service  of  tho  United 
States,  and  on  sjiecial  duly  in  thi^  waters  of  the  District  (  f  Alaska,  heretofore,  to  wit, 
on  tht^  second  day  of  August,  le'.'^t),  within  the  limits  of  Alaska  Territoi'y  and  in  the 
waters  thereof,  and  within  the  civil  aiidjiidicial  district  (d'  Alaska,  to  wit,  within  the 
waters  of  that  portion  of  Hidiriiig's  Sea  beloiigiiigj'o  said  district, on  waters  navigable 
from  the  sea  by  vessids  of  ten  or  more  tons  burden,  seized  the  ship  or  vessel  comiinMily 
ealled  a  schooner,  the  Onward,  her  ta(dile.  jipparel,  boats,  cargo,  ami  fiirniluri',  lieing 
tho  itro]terty  of  some  jierson  or  persons  unknown  to  said  attorney,  as  forfeited  to  the 
United  States  for  the  following  causes  : 

That  thi^  said  vessel  or  schooin  r  was  found  engaged  in  killing  fur  seal  within  the 
limits  of  Alaska  Territory  and  in  the  wateis  thereof,  ni  violalimi  of  section  I'J.'d)  of  tiie 
]{evi.sed  Statutes  of  the  llnitod  States. 

And  the  said  attorney  saith  that  all  and  singular  the  ]»iemiseH  art-  and  were  true 
and  n-ithin  the.  admiralty  and  maritime  Jurisditjtion  of  this  court;  and  that  liy  rea- 
son thereof,  and  by  force  of  thci  statute  of  the  United  States  in  such  eas((  made  ami 
provided,  the  aforementioned  and  described  schooner  or  \ess(d,  beluga  vessel  of  over 
twenty  tons  burden,  her  tackle,  apjiarel,  boats,  cargo,  and  furniture,  l»eeaiue  and  are 
forfeited  to  the  use  of  tiie  said  United  States,  anil  that  H.iid  schooner  is  now  williiii 
the  district  aforesaid. 

Wherefore  the  said  iittornoy  prays  that  the  usual  proceHS  and  inonitinn  of  this  honor- 
able conrt  issue  in  this  belialf,  and  Miat  all  persons  intertisted  in  tho  liefore-mentioned 
Hcbooiier  or  vessel  may  be  cited  in  general  and  special  to  answer  the  ])reinisos,  and 
tliatall  duo  iiroeeedings  being  had,  that  the  said  schooner  or  v<>ssel,  her  tackle,  api)arel, 
boats,  cargo,  and  furniture,  may  for  the  cause  aforesaid,  and  others  ap[»eariiig,  be  con- 


28 


SEAL    FISHERIES   IN    BERING    SEA. 


(leiiiiieil  by  tho  detiiiite  sentence  and  decree  of  this  honorable  conrt  as  lorfeited  to 
the  use  of  said  United  States,  according  to  the  form  of  the  statute  of  the  said  United 
States  in  such  case  made  and  i)rovided. 

M,  D.  Ball, 
U.  S.  Dhtrlct  Attorney  for  the  iJintrict  of  Alaska. 

Whereupon  forthwith  issued  the  iollowiug  monition : 

DiSTHurr  of  Alaska,  sct: 

Tlic  President  of  tho  United  States  of  America  to  the  marshal  of  tlie  district  of 
Alaska,  j;reetin}r : 

Whereas  a  libel  of  information  hath  been  filed  in  tho  district  court  of  the  United 
States  for  the  district  of  Alaska,  on  the  28th  day  of  Aujjust.in  the  year  lrt86,  by  M.  D, 
15all,  United  States  attorney  for  the  district  aforesaid,  on  behalf  of  the  United  States 
of  America,  against  the  schooner  Onward,  her  tackle,  apparel,  boats,  carj^o,  and  fur- 
niture, as  forfeited  to  the  use  of  the  United  States  for  the  reasons  and  causes  in  tho 
said  lil)el  of  infornuiti'Mi  mentioned,  and  i)raying  that  the  usual  process  and  monition 
of  the  said  court  in  uhat  behalf  be  made,  and  that  all  i^hmsous  interested  in  the  said 
schooner  Onward,  her  tackle,  a]»parei,  boats,  cargo,  and  furniture,  etc.,  may  be  cited  in 
general  and  special  to  answer  the  premises  and  all  ])roceedin;.'s  being  had,  that  the 
said  schooner  0»i(vn'(/,  her  tackle,  apitarel,  boats,  cargo,  and  furniture  may  for  the 
causes  in  the  said  libel  of  information  mentioned  be  comlemned  as  forfeited  tothenso 
of  tlu)  Unilfd  States. 

Vou  are  therefore  iHU'ebyeoniuianded  to  athjeli  the  said  S(;hooner  Onward,  her  tackle, 
apparel,  lioats,  cargo,  aiid  furniture,  to  (letaiu  tlie  same  in  your  custody  until  the 
further  order  of  the  court  respecting  the  siitiie,  and  to  give  notice  to  all  jicrsons  claim- 
ing the  same,  or  knowing  oi'  having  anytliing  to  say  why  t  lii^  snuu!  should  not  be  con- 
demned and  sold  pursuant  to  the  prayi^r  o!"  the  said  liix'l  of  int'nniiation,  that  they  bo 
and  a])iti'ar  before  the  said  court  to  bo  ludci  in  and  for  the  district  of  Alaska,  on  the 
4th  day  of  October,  IHnti,  at  10  o'clock  in  the  forenoon  of  the  same  <lay,  if  the  same 
shall  l)e  aday  of  Jurisdiction,  otherwis(M)ii  ihe  next  day  of  .jurisdiction  thereafter, 
then  and  there  to  interpose  a  claiiu  for  the  sai.ie  and  to  make  tlieir  allegations  iu  that 
behalf. 

And  what  you  shall  have  done  in  the  premises  do  you  then  and  there  make  n^turn 
therecf  together  with  this  writ. 

"\Vitness  the  Iiouorable  Lafayette  Dawson,  Judge  of  said  court,  and  ilic  seal  thereof, 
allixed  at  tiu'  city  of.Sitka,  in  the  District  ol  Alaska.  tbis'28tli  day  of  August,  in  the 
yeai'  of  our  i^cnd  one  thousand  eight  hiiiidreil  and  eighty-six,  and  of  tin;  lutlepcMidence 
of  the  United  States  the  one  hundred  and  clivenlb. 

[sKAL.J  Anihikw  T.  Liowis. 

Clerk. 

Oil  tlie  (Jtli  day  of  September,  1880,  was  tiled  the  following'  aflidavit : 


K 


I'll 


fr<| 

iri 

Ihl 

inl 

a  111 

7t[ 

bcL 

ev 

tol 

ti(| 

D;| 

or  I 

80« 


IN    TIIK    UNITi:i)     .STATKS 


DI.STlMt'T    COfHT     IN     ANI>    TOl! 
C.MTKI)    STATi;.'^    Ul'    AMKHR'A. 


TIIK    DISiniCT    III'     ALASKA, 


The  i'niUdStatcifol.lmcrh'ays.  J'lic  Schooner  Onward. 

Umtku  ST.\ri;s  oi'  Amkkua,  District  of  Alaxka,  n.s : 

C.  A.  Abbey,  being  duly  sworn,  deitoses  and  says  : 

That  he  is,  and  at  all  tiuu's  herein  menlioiu'd  was,  a  captain  in  the  United  .States 
Keveime  Marine,  and  in  coinmanil  of  tin;  United  States  reviuiue-eutter  t'orwin. 

Tliat  at'liant  and  the  I'oilowing-nauied  oi'ticers  and  men  of  said  Corwin  are  nmterial 
and  necessary  witnesses  for  the  United  St.'ites  in  the  aiiove-cuititled  action,  to  wit: 
J.  W.  Iliiwisou,  lieutenant;  (!.  F.  Winslow,  boatsivaiu;  Albert  Leaf,  seaman;  J.  C. 
Caiitwell,  li(>ntemint;  .1.  II.  Douglass,  pilot,  ami  ,J.  U.  Khoiles,  lieutenant. 

That  owing  to  scarcity  of  provisions  and  fuel  ujion  said  cutter  Corn-in,  the  said  Cor- 
w'n  and  deipouent  and  said  witnesses  will  be  obliged  to,  and  are  al>out  to,  go  to  sea 
within  live  days,  and  out  of  thf>  district  in  which  the  said  ease  is  to  be  tried,  and  to 
a  gre.'iti'r  distanc<',  than  one  hundred  miles  from  tho  place  of  trial  of  said  action  be- 
foie  the  time  of  said  trial. 

That  the;e  is  uigent  necessity  lor  taking  the  depositions  of  alliant  and  said  wit- 
nesses forthwith. 

That  Daniel  Monroe^  was  master  and  in  possession  of  the  said  schooner  Onward  at 
the  time  of  seizure  thereof. 

C.  A.  Abbey. 

Subscribed  and  sworn  to  before  nu'  this  6th  day  of  September,  lf->^i). 

AxDKKW  T.  Lewis, 

Clerk. 


f?EAL    FISHERIES    IN    liEFING    SEA. 


29 


Uu  the  same  day  was  entered  the  followii'g-  order: 

In  thr  matlry  of  the  United  Stalin  va.  ScliooiHr  Thornton,  Caxr  No.  "id;  SihoonerCurolrna, 
Case  Xo.  ;'>! ;  ^Schooner  Onward,  i.'ani:  Xo.  -Ht ;  Schooner  San  IHiyo,  Case  Xo.  iVJ. 

Ill  the  altovo  entitled  actions  tirj^ent  noccsaity  and  j^ood  ranse  a])i)earinj;  therefor 
from  tlie  atlidavits  of  L".  A.  Ahhey,  now  on  motion  of  M.  D.  Hall,  t'liited  States  dis- 
trict attorney  for  Aiaslia  and  eonn.sci  for  tlie  I'nited  States  lierein,  it  iw  ordered  tjiat 
t lie  (h'positions  of  the,  witnesses  C"  A.  Abbey,  ,J.  \V.  llowison,  J.  C  ('jiiitwell,  J.  I', 
liliodes,  J.  H.  Doiijrlass,  C.  'J\  VVinslow,  Albert  l^eaf,  ('.  Willieini,  'I'lios.  Sin;;letoii, 
and  T.  Loreii.sen  be  taken  before  the  clerk  of  the  said  district  court  on  Tuesday  the 
7th  day  of  September,  iHHti,  at  7  o'clock  ]>.  in.,  or  as  soon  thereafter  as  the  matter  can 
be  reacliiMl,at  the  oflice  of  sai<l  (derk  at  Sitka,  Alaska,  and  if  not  completed  on  said 
(iveninjf,  then  the  tiikin;^  of  saiil  dei)ositions  to  be  continued  by  said  cleik  fioiii  time 
to  time  until  c<)mpleted.  That  notice  of  the  time  and  place  of  takinjj;  said  dejiosi- 
lions  bt^  served  by  the  niaiNhal  of  siiid  district  on  lliiiis  (iiittorniseii,  James  lilake, 
Daniel  Miinroe,  and  Charles  E.  Kaynor.  and  upon  W.  Clark,  es<|.,  attorney  at  l.iw,  on 
or  before  Seiitcmber  7th  at  12  m.,  and  that  such  shall  be  due  and  siil'licient  and  rea- 
sonable notice  of  the  takinj;'  (d"  said  dei)osilions. 

Done  in  open  court  this  (jthdayof  Se])tember,  l-^-^l!.  Now  at  this  lime  W.  Clark, 
es(|.,  being  ])resent  in  court,  waives  service  of  notice. 

On  the  7th  (hiy  of  September,  188(»,  was  filed  the  followiiio-  notice  and 
return  of  service : 


IN    TlIK    UMTKI)     STA'n> 


DISI'RICT     (■()ti;i,    IX    AND     lOl!    TlIK 
INITKI)    STaTIvS    (IK    AMKICK  A. 


DlSTl.'ICr     OK    ALASKA, 


The  I'nitcd  States  of  Jnier:c<i  \H.  'I'he  Scliooiier  Onieard. 

To  Daniel  Monroe,  <rreetinj;':  Yon  are  notified  that  by  (uder  of  l^afiiyi'tte  Dawson, 
judjre  of  said  district  court,  the  depositions  of  C.  A.  Abiiey,  .1.  W.  llowison,  C.  V. 
Winslow,  Albert  Leaf,  J.  C.  Cantwell,  ,J.  U.  Don.ulas,  and  .I."i:.  llliodes  will  be  taken 
before  the  clerk  of  said  district  court  at  his  olhce  in  Sitka,  in  said  district,  on  Tuesday, 
September  7th,  IHHO,  at  7  o'clock  p.  m.,  or  as  soon  thereafter  as  the  matter  cjin  lie 
readied  ;  and  if  not  com])leted  on  .said  eveninj;;  tin;  taking  of  saiil  depositions  will  ho 
continued  by  said  clerk  from  time  to  time  until  completed. 

Anuukw  T.  Lkwis. 

<  7(>)7, . 

Dated.  Scptendjcr  7th,  1H80. 

Unitki)  Statks  of  Amkkica,  District  of  Ataska,  us  : 

This  is  to  certify  that  on  the  7tli  day  of  September,  l^iSf!,  before  l"i  o'clock  noon  of 
that  day,  I  served  the  .anmixed  notice  on  llie  within-named  Dani(d  Monroe,  at  Sitka. 
District  of  Alaska,  by  then  and  there  jiersonally  deliverini^  to  said  Daiiitd  Monroe  a 
copy  of  said  notice.  Anil  tlu^n  and  tiiore  jiave  him  the  privilege  of  beinj;  present  at 
the  takiiij;'  oi' said  deiiositions. 

Baktox  Atkixs, 

U.  S.  Marshal. 
Dated  Seiitcmber  Hth,  IS-^O. 

On  tlie  10th  day  of  Sei)tenil)er,  18S(J,  were  filed  the  following'  depo.si- 
tion.s: 


IX    THE    fMTKD     statks 


DI.STUICT    COTTltT     IX     AXI)    KOR    TIIK 
UXITKI)    STATKS    OF    AMKltU'A. 


I)  I  ST  I!  I CT   OK     ALASKA, 


rnit(d  States  vs.  'I'he  Schooner  Onward.     Xo.  V.K 


■•,iV 


30 


SEAL    FISHERIES    IN   BERING    SEA. 


til!  United  Stiiti'N  jiH  iilfiintitl' and  the  Hclinoncr  Odicarrf  as  d^A'ndiint,  on  behalf  of  and 
at  tho  iiistiuiei)  of  tin-  said  iiiaintiff,  'J'lie  I'nited  States  and  npon  notice  of  .he  time 
an<i  \\]iU'A'  of  fakinj;-  said  dejiositionN,  served  n[)oii  Daniel  Monroe,  the  (•a])tain  of  said 
Kclu)on(M',  and  in  jiossession  thereof  at  time  of  seizure,  and  n])on  W.  Clark,  escj.,  his 
attorntty,  the  owners  thereof  heinj;  nnknown  and  withont  tlie  jnrisdicliou  of  this 
court. 

(Japtain  C.  A.  Ahhey,  lieini;  duly  f^worn,  deposes  and  says: 

I  am  a  eaiitain  in  the  I'nited  State    revenue-marine  servu'e,  at  nrf'si^it  in  comnnind 


<d'  tlu!  U.  S.  reveniu'  steanu'r  Corwhi,  on  special  duty  in  Alaskan  waters,  for  the  pro- 
tection (d'tlie  seal  islands  and  of  tin;  (iovernmeiit  interests  j^enerally. 

().  What  were  you  doin;f  and  what  occurred  on   !<!nd  of  Anj^ust  last  in  the  line  of 
your  duty  1 — A.  Crnisiiiff  in  IJehrinji;  Sea,  about  115  miles  soutlieast  from  St.  George 


Island  and  in  about  liititude 


and  lonjiitndo 


between  four  and  live  o'clock 


in  the  nu)rnin<;-,  when  ]''irst  Lieut.  J.  W.  ilowisoii  re])orted  to  nu;  that  there*  was  a 
schooner  alon,t;si<l<*  of  us,  which,  in  answer  to  his  liail,  rei)lied  that  she  was  takin<; 
I'ur  seals  here  in  Hcdiriiifi  Sea.  1  theti  <lirected  him  to  seize*  her  and  i)lace  her  in 
charj^e  of  C.  T.  Winslow,  boatswain  of  the  Conriii,  I  having  no  commissioned  oflicer 
to  spare  at  that  tiuit;.  I  then  got  a  hawser  to  her  and  i)roceeded  to  Oonalashka  Har- 
bor, wherti  1  jdaced  the  vessel,  cargo,  tackle,  furniture,  and  ai)purtenaiices  n  charge 
of  Dejtuty  Vl  S.  Marshal  Isaac  Anderson,  of  Oonalashka,  the  cargo  of  fur-seal  skins 
being  stoicd  in  "  Kench,"  in  one  of  the  warehouses  of  the  Alaska  Commercial  Com- 
pany, and  under  si.-al. 

Tin;  arms  and  ammunition  I  took  aboard  the  Corwin  and  brought  to  Sitka,  and 
ilelivered  them  to  theU.  S.  marshal  there.  The  said  vessel,  tackh*,  furniture,  and  cargo 
are  now  in  the  custody  of  the  United  Stiites  nuirshal  of  tliis  district. 

Q.   Was  thistln*  vessel  against  which  the  lilxd  of  information  is  filed  ?— A.  It  is. 

t^.  Did'this  all  occur  within  the  waters  oi'  Alaska  and  the  Territory  of  Alaska  and 
within  the  Jurisdiction  of  this  court  ? — A.  It  did. 

t^.  I  >i(l  tills  occur  within  the  waters  of  the  sea  navigable  for  vessels  of  (10)  ten  tons 
burden  oi'  over? — A.    1*^  did. 

C.   A.   AUIJEY. 


I 


s4 

h 
11 


Subscribed  and  sworn  to  before  mo  this  !)tli  day  of  September.  A.  I).  1S8(5,  after 
having  been  read  over  by  nie  to  deponent. 

AxnuKW  T.  Lewi.s, 
Clerk  U.  tS.  Dht,  Court. 

.1.  W^.  Ilowison  being  duly  swmii  deposes  and  says: 

C^.  State  your  name,  age  and  occupation. — A.  J.  W.  Ilowison,  am  over  21  years  of 
age,  1st  lieutenant  in  the  U.  S.  revenue  service  and  executive  ollicer  on  the  U.  S. 
revenue  steamer  Corivin  and  was  such  on  the  2d  of  August  of  thisycar. 

Q.  State  what  haitpeneel  on  August  2iid,  IBrti,  in  the  line  of  your  duty. — A.  Between 
4  and  (5  a.  m.  I  spoke  the  schooner  Utnvard  of  Victoria,  15.  C,  and  asked  if  they  wcire 
catching  seal  in  Behring  Sea  and  they  answered  yes.  I  reporte<l  the  same  to  the 
commanding  oflicer  of  the  Conriii,  wlio  ordered  the  vessel  seized.  I  lowere<l  the  boat 
with  the  boatswain,  C.  T.  Winslow,  and  two  men  and  a  line,  ])ulled  to  the  schooner 
and  ])iit  the  boatswain  and  two  men  on  board,  told  tin;  captain  of  theschooner,  Daniel 
Monroe,  that  I  seized  him  for  catching  fur  seal  in  Behring  Sea.  I  ran  a  line  from  the 
Oinrard  to  the  schooner  VaroUua  al'^cady  in  tow  and  returned  to  the  Conriii. 

(.).  Statt*  the  ])lace  of  this  seizure  as  near  as  you  can  recollect. — A.  The  i»osition  is 
given  as  Lat.  ^ii>^  north,  and  Long.  107-  4U'  west;  that  is,  about  11<I  or  IIT)  miles  to  the 
south  and  east  of  St.  George. 

J.  W.  Howisox. 


Subscribed  and  sworn  to  bei'oie  me  this  Otli  tlay  of  September,  A.  D.  \8j*{),  after 
having  bci'U  read  over  liy  me  to  di'jionciit. 

Andukw'  T.  Lewis, 
CicrL  ('.  S.  Dist.  Cuuii. 

Lieut.  John  C.  Cantw<'ll  being  duly  sworn  depo.ses  and  says: 

(.).  State  your  name,  occupation  and  age. — A.  John  C.  Cantwell,  :h(l  li(uitenant, 
U.  S.  Revenue  Marine  Service,  at  luesent  on  duty  U.  S.  Revenue  Steamer  Corichi  ami 
over  the  age  of  twenty-one  years — and  was  so  during  two  yi^irs  lasr  past. 

Q.  Do  you  recognize  this  paper  .' — A.  I  do.  It  is  the  ollicial  inventory  made  bj-  me 
o:  or  about  the  12th  of  August,  iSriC),  of  the  furniture,  tackle,  iijipuvtenances,  and 
\.  go  of  the  schooner  Onward.  This  inventory  was  made  in  conseijuence  of  the 
■  !/,nre  of  the  vessel  and  gives  a  true  and  complete  list  of  the  furniture,  tackle,  appnr- 
!-'!;  noes,  and  cargo  of  said  vessel  with  the  exception  of  the  arms  and  amniunition. 
(Said  iuveutory  contains  the  usual  ship's  furniture  of  a  vessel  of  the  class  of  the 


SEAL    FISHERIES    IN    HERIN(;    SEA. 


31 


(hnrard,  iiiivi;;atiii;;-  iiiKtniiiiciitN,  li^lits,  tools,  sails,  sliiji's  stores,  ami  ItlO  seal  skins. 
Tlio  rnciiit  of  I.  AihUmhoii,  deputy  II.  .S.  marshal  at  OoiialiLska,  August  1-lth,  Idtiti, 
l'(»r  said  fiiriiitiire,  stores,  and  carj^o,  is  attached  tlieicto.) 

"  Jly  witness'"  llie  item  "400  seal  skins"  in  said  inventory  means  Cur  seal  skins, 

John  (J.  Cantwki.i,, 

:Ul  Unit.  U.  S.  /.'.  M. 

Snbserilied  an<l  sworn  to  heCore  nie  tliisHtli  day  of  Si'iUember,  l.Srfl!,  after  liavinj; 
lieen  read  over  l>y  nic  to  ilei)()nent. 

AxDHKW  T.  Lewis, 
Clvrk  r.  .S.  J)ist.  Court. 

.John  I.'.  Rhodes,  liein;;  dnly  sworn,  dejjoses  and  says: 

Q.  HtiiU'  yonr  name,  aj^e,  and  ooeniiation. — A.  .Tohn  I'.  Rhodes.  1  am  over  tho<a;jo 
of  "Jl  years  an<l  a  lientenant  in  tlie  U.  S.  revennc  marine^  and  attached  to  tlic  revonuo 
steamer  Conciii. 

(.}.  Do  yon  reco;;nizo  this  jiajier? — A.  I  do.  Tlii*  jiaper  marked  (Ex.  M)  is  tlio 
clearance  i)aiter  of  the  schooner  Oinvdid,  N'ictoria,  J{.  C.  I  fonnd  this  jiaper  on  the 
said  schooner  at  the  tinu^  of  her  seiznre  and  t  hen  and  there  look  ]n)sseKsion  of  it. 
(Said  clearance  describes  the  Oiiirnrd  as  a  llritish  schooner  of  :!."». v!0  tons,  navi<fated 
with  fonr  men,  wood  l)nilt,  and  lionnd  tor  Pacilic  Ocean  and  Hehrinji  Sea,  liavin;?  on 
hoard  ballast  for  lisbing  and  hnntinj^  voyage.  It  is  dated  at  \'ictoria,  i>.  C,  April 
I'Jth,  IH.SU.) 

Q.  AVhat  arms  ami  ammnnition  if  any  did  yon  lind  aboard  the  schooner  Onward  at 
The  time  of  her  seiznre  ? — A.  \'2  gnns,  1  keg  powder  partly  tillc<l,  1  e.in  powder,  i  bag 
of  bnck-shot,  '''  small  bags  cajis. 

(.j.  What  was  done  with  these  arms  ami  ammnuition? — A.  They  were  brought  to 
Sitka  on  the  t'uncin  and  turned  over  to  the  I'.  S.  marshal  at  Sitka,  and  aro  now  in 
his  cnstody. 

John  U.  Rnoi)i;s. 

Subscribed  and  sworn  to  Ix^fore  jiie  this  '.'ih  tlay  of  September,  A.  ]).  18H(),  after  hav- 
ing been  read  over  by  me  to  deponent. 

ANOFSKW   T.    liKWIS, 

Clerk  U.  S.  Dial.  Court. 

,IOHX  U.  liiiDDKS,  being  duly  sworn,  deposes  and  says: 

Q.  State  your  name,  age,  and  occii))ation. — A.  .John  U.  Rhodes;  lient.  U.  S.  Rev- 
enue Marine  ;  at  present  uii  the  U.  S.  revenue  steamer  Corwin  ;  and  over  the  age  of  iil 
years. 

Q.  Was  any  other  property  seized  ujion  the  schooner  Oinrard  except  what  is  in- 
cluded in  the  general  inventory? — A.  'i'here  was  a  box  containing  clothing  and  nau- 
tical instruments;  the  box  was  marked  Daniel  Monroe,  master  of  the  schooner  Oii- 
irai-d. 

(,».  What  -was  done  with  this  iiro]ierty  !' — A.  I  turned  it  over  to  the  United  States 
marshal  at  Sitka  and  it  is  now  in  iiis  cnstody. 

John  U.  Eiiodks. 

Subscribed  anil  sworn  to  befoi'c  me  this  Hth  day  of  September,  A.  D.  188G,  after 
having  been  read  over  by  me  to  deponent. 

AxniiKW  T.  Lkwis, 
Clerk  U.  8.  Dint,  Court. 


m 


Charles  T.  Winslow,  bi'ing  duly  swcirii.  dt'posos  and  says  : 

(.).  State  yonr  name,  age,  and  occupation. — A.  My  name  is  Charles  T.  AVinslow;  48 
vears  of  age.  I  am  a  boatswain  on  the  rcvenuc-cut ter  Curuhi,  and  was  so  on  August 
I'lid,  1>S(;. 

().  Stat(>  what  occurred  on  the  last  mentioned  day. — A.  At  about  .">  or  (>  a.  m.  I 
was  ordered  by  Lieut.  Iit>wi8(in  to  go  o\i  board  the  schooner  Onward,  which  he  had 
seized,  and  I  (lid  so. 

Q.  \\'hat  did  you  see  on  boai'd,  if  anything  / — A.  About  amidships  on  deck  I  saw  20 
or  ;iO  dead  fur  seal  that  had  not  been  skinned,  and  some  of  them  were  bleeding.  'J'here 
were  nint?  canoes  on  board  with  bloody  water  in  them  and  with  s])ears  and  onttit 
suitable  for  seal  killing.  Capt.  Jlonroe,  of  tl:e  Onward,  then  told  me  he  had  caught 
'2,')  fur  seal  the  day  before  the  seizure  and  1*2.")  the  day  before  that.  This  was  in  an- 
swer to  my  statemem  that  the  Carolenu  had  7.")  seal  in  her  boats. 

Chahlks  T.  Wixslow. 

Subscribed  and  sv^orii  to  before  me  this  8th  day  of  Septeinl)er,  A.  D.  188(i,  after 
having  been  read  over  by  me  to  deponent. 

Andukw   T.  Lkwis, 
Clerk  V.  S.  Dist.  Court. 


*'i:'^. 


m 


32 


SEAL    FISHKUIES    IN    MERING    SEA. 


Albort  Loaf,  Itoiiiji;  duly  sworn,  (liiniseMiiinl  says  : 

().  Slato  your  iiaiiic,  aj^c,  and  occupation. — A.  Allicrt  Leaf;  ovcr'Jl  years  of  ai^c,  and 
a  seaman  <'niiiloyfd  on  llic  ifvcnnc-cnHcr  Cunci/;,  and  was  so  on  tlio  iJnd  day  of  Au- 
f^nst  last. 

Q.  Wliut  lia|)]>cncd  on  tin;  last  named  day  in  connect  imi  witli  tlie  scliooner  Oinrurd  ? — 
A.  I  was  idaced  on  hoard  the  scliooner  Oinrnrd  hy  Lieut.  Ilowison  wIkmi  tlm  vessel 
was  Hei/ed.  1  saw  dead  Inr  seal  with  fresh  Idood  on  them  on  tli..  loiwai'd  deidv  and 
fresh  tnr-seat  skins  on  tiie  (h'(l<  and  lliero  were  salted  fur-seal  skins  in  the  liold.  I 
saw  nin(t  canoeHwith  !dood  in  them  and  spears  e(|nii)i(ed  for  seal  killiii;;.  All  tliis 
Avas  upon  t h(^  .scliooner  0(/i(7(/(/ at  thelinu'of  her  sei/ure. 

Amjkut  Lk.vf. 

Suhscrihed  and  sworn  to  before  me  tills  8  day  of  Se])t('mher,  A.  D.  188li,  after  hav- 
ing hoen  read  over  hy  nie  to  deponent. 

A.ndrkw  T.   IjI'.wis, 

Chrk  r.  S.  l)int.  Court. 


IN   Till'.    IMTI:|)   SPATi; 


niSTHKT     COtUT    IN     AND     KOK    TlIK     IXSTlilCT 
UNITKI)   .STATKS   1)1'    AMr.KICA. 


OI'     ALASKA, 


II 

e 

"I 
rl 

ill 

t[ 

HI 


The  I'liitid  Stolen  \n.  The  Schooner  "  Ouirard.'^     Xo,  V.K 

'\\'hereas.  on  the  (ilh  day  of  Septemher,  188(1.  the  said  district  court  duly  made  and 
entered  in  the  journal  of  said  court  an  order  directing;  that  the  teslhuony  and  d('])o- 
nitnuis  of  the  witnesses,  (,'.  A.  Althey,  .).  \\'.  llowlson,  .J.  C  (Jantwtdl,  .J.  L^  liliodes, 
C  T.  ^^'inslow,  and  Alhert  Leaf,  he,  takcm  heforo  me,  tlie  clerk  of  said  court,  at  the 
tinui  or  times  and  ]>lace  and  upon  such  iu>tice  as  an^  sptM-ilied  in  said  order  : 

Now,  therefore,  this  Is  to  certify  that  in  i)ursuanceof  said  order,  (Ui  .Sejitember  7th, 
l.'^f^t),  at  7  o'clock  i».  m.,  each  and  all  of  the  ahove-nanied  witnesses  appeared  hefore 
meat  the  clerk's  ottice  of  .said  court, at  Sitka,  district  of  Alaska,  I'nited  States  ot' 
America:  that  M.  1).  Hall,  esti.,  disti'ict  attornt'y  of  said  court,  and  disti'ict,  and  \V. 
H.  I'ayson,  esq.,  ajijtearcd  then  and  thert;  on  heluilf  of  ;!nd  as  attorneys  and  jjroctors 
for  tho  I'nited  States,  the  lilielliiut  liereiii  ;  and  ^V.  Chirk,  es(i.,  then  and  there  ap- 
l)oared  on  hehalf  of  and  as  attorney  and  ]U()cI<m's  for  the  said  s(diooner  and  herowners 
herein,  and  Danitd  Miiiiroo  then  and  t hero  appeared  in  piirsiiaiK.'e  of  notice  .served 
upon  liini. 

'I'liat  I  was  unable  to  comidete  the  takinjjj  of  said  deiiositions  on  said  7th  (biy  of 
Seiitember,  issti,  and  I  continued  tht;  taking;'  thereof  on  the  Hth  and  iltli  of  Septem- 
ber. 1881),  and  comjileted  the  same  on  said  last-named  day.  That  the  said  parties  by 
tlieir  said  attorneys  ami  ))roctors  then  and  thert^  appeared,  and  were  present  on  each 
of  said  last-named  days  and  at  all  times  diirinj?  tlie  takin<^s  of  said  dejiositioHH.  That 
•each  of  said  witnesses  wa.s  then  and  there  duly  oautionc^d  and  sworn  by  me,  that  the 
evidence  he  .should  <five  in  said  action  should  be  the  truth,  the  whole  truth,  and  noth- 
inji  but  the  truth,  and  thereafter  each  of  said  witnesses  was  then  and  there  examined 
before  me,  anil  I  then  and  there  took  down  the  statement  and  testimony  of  each  of 
Haul  witnesses,  and  reduced  tlie  same  to  writing  In  his  ])reseiice,  and  then  read  the 
same  over  to  him  :  and  lie  then  and  tliere,  after  the  same  had  been  so  reduced  to  writ- 
ing and  read  over  to  hun,  subscribed  the  same  In  my  jiresence,  aud  swore  to  the  truth 
tln"rof. 

'IMiat  the  forej^olnjj:  depositions  are  the  deiio.-,!*  Ions  of  said  witnesses  then  and  there 
taken  hefore  me  ;is  albresaid.  That  due  notice  of  the  taking  of  said  (b'positl'j;'  j  was 
given  as  re(|iiired  l)y  said  order. 

\\'itness  my  liand  and  the  seal  of  said  district  court  this  Uth  day  of  September,  A. 
D.  issc. 

[.SKAL.]  ANDliKW'   T.    IiK^yIS, 

Clrrh-  of  the  I'littid  States  District  Court  in  and  for  the  district  of  Ahislca, 

i'nited  States  of . I m erica. 

Oil  Soptcinber  2()tli  was  tiled  the  followiiif?  aiiuMidod  libel  of  iiif'oinia- 
tioii : 

IN    TIIK    rNITKT*    STATI'.S    DISTRICT    fOl'HT    IN    AND    TOI!   THK    DISTRICT    OF    ALASKA, 
UNITKO    STATI'.S    OF    AMKIMCA.       AU(iUsr   .SPECIAL   TKR.M,   1880. 


To  the  lionorablo  Lafaykttf,  Dawson, 

,ltid(jc  of  said  district  court  : 
Th(>  amended  libel  of  information  of  ^L  D.  IJall,  attorney  for  rhe  United  States  for 
tlie  district  of  Alaska,  who  prosecutes  on  behalf  c  '  the  said  United  States,  aud  being 


SHAL    FISIIEKIKS    1\    UKliING   SKA. 


33 


teni- 

s.s  l>y 

aeii 

That 

the 

oth- 
iied 

li  of 
tlui 
rit- 
iitli 


■,  A. 


in'csctit  lii'i't'  ill  ciiiii  t  III  his  iiw  n  iu'dimm'  imtxhi,  i;i  the  iiaiiu'  am!  mi  lichaH  ol'  tho  siiiil 
Uiiilt'il  Slates,  ali(';;'os  and  iiifnriiis  as  Inlhuvs,  to  wit  : 

That  i'.  A.  Alilicy,  an  ollictir  in  the  Ivcvfiiiic  Mariiiti  Sfrvii'c  of  the  Tnitt'd  States, 
duly  I'oiiiinissioiu'd  l)y  the-  I'lcnidt'iit  ot"  tlie  I'lutcd  Slattss,  in  ijoinniaiid  ofllin  United 
States  reveniie-entter  Conrhi,  and  (in  special  duty  in  the  waters  ot  tiie  distriet  of 
Ahisl^a  heretofoi'e,  to  wit, on  tlie'ind  day  ofAniiUsI,  l^i-ti,  within  t  Im' limits  of  Alaska 
Territory,  and  in  the  wati'rs  t  hereof',  and  wit  hin  i  he  civil  ami  judicial  ilistriet  of  Alaska, 
to  wit,  witiiin  the  waters  of  that  portion  of  l!eliriii<;  Sea  l>elons,'inn  to  the  I'nited  StateH 
and  said  district,  on  waters  navi;;al)le  from  the  sea  hy  vessels  <d'  ten  or  more  Ions  hm- 
den,  seized  the  schooner  Oinrnrri,  her  ta(d<le,  apparel,  hoats,  {'arno,  and  fiiriiitiir(>,  lie- 
in  ji  the  ])roperly  of  some  ]ierson  or  persons  unknown  to  said  at  toriiey.  The  said  prop- 
erty is  more  jiarl  icnlarly  desciliied  as  follows,  to  wit: 

1  schooner,  Oniviird,  ^il'  \'ictoria,  ]!.  C,  II  canoes,  carpenter's  to(ds.  caiilkiiiir  imple- 
ments, :{  anchors,  chronoineler,  clock,  nanticat  instrnineiits,  sails,  I'unnin;^  rij;yin<j, 
rope,  twine,  lam])H,  oil,  1!  tons  of  salt,  casks  and  hnckets,  -KiO  fiir  seal  skins,  provis- 
ions, IvJ  jjnns  and  ammunition  for  saim.-,  and  all  other  iiro|)erty  found  upon  or  appur- 
tenant to  said  s(diooner.  That  said  C.  A,  Ahhey  was  then  and  there  duly  ((uninissioned 
and  authorized  i)y  the  ])ro)ier  department  of  tim  I'nited  States  lo  make  siiid  seizure. 

'J'liat  all  of  sai(l  iiro])erty  was  then  and  there  seized  asl'orleiti'd  to  the  1,'nited  States 
for  I  he  followinj;  causes  : 

That  said  vi'ssel  and  her  ca]dain,  otliccws,  and  crew  were  then  and  there  found  en- 
ea^ed  in  killing  fur  seals  within  tln^  limits  of  Alaska  'I'erritory  and  in  the  waters 
thereof,  i'l  violation  of  section  I'.trit!  of  the  Revised  Statutes  (d'  th(^  I'nited  Stjites. 

That  all  the  said  iirojierty,  after  heiui?  seize(l  as  aforesaid,  was  hronjiht  into  the 
port  of  Oonalaska  in  said 'J'eiritory.  ami  dcdivcred  into  tlu^  kee])in^' of  Isaac  Ander- 
son, a  deputy  United  States  marshal  of  this  district,  with  the  i'\c,e)>lion  of  said  arms 
jind  ammunition,  wliieji  latter  wei'e  hr()Ui;Iit  into  tli(!]iorf  of  Sitka,  in  said  district, 
and  turned  over  to  the  U'nited  Slates  marshal  of  this  district,  and  all  said  property 
is  now  within  the  Judicial  district  of  Alaska,  United  States  of  Amerii'a. 

And  the  said  M.  )).  Jiall,  attorney  aforesaid,  further  informs  and  alle<res: 

That  on  the  'Jnd  <lay  of  Anj;u8t,  ItirHi,  .lames  Market ich  and  certain  other  persons 
whose  names  are  unknown  to  sai(i  United  States  attorney,  who  were  then  and  there 
enifa<;ed  on  lioard  of  the  said  schooner  Onward  as  seamen  and  sejil  hunters,  did  under 
the  direction  and  by  the  authority  of  Danitd  Monioe,  then  and  there  master  of  said 
schooner,  en^jaj^e  in  killing;  and  did  kill,  in  tlu'  Territory  and  district  of  Alaska,  and 
in  the  waters  tliereof,  to  wit,  20  fur  seal,  in  violation  of  section  lit.')!)  of  the  lievise*! 
Statutes  of  the  U'^nited  States,  in  such  cases  nnide  and  j)rovided. 

That  th(!  said  400  fur  seal  skins,  and  other  jjoods  so  seized  on  hoard  of  said  schooner 
Oiiuard  constituted  tlie  cari];o  of  said  schooner  at  the  time  of  the  killinj^  of  said  fur 
seals,  and  at  the  time  of  said  seizure. 

And  said  attorney  saith  that  all  and  sin};ular  the  premises  were  and  are  true  and 
witliin  the  admiralty  and  nniritinio  jurisdiction  of  the  United  States,  and  of  this  hon- 
orahle  court,  and  that  by  reason  thereof,  and  by  force  of  the  statutes  in  such  cases 
made  and  ])rovided,  the  aforementioned  schooner,  being  a  vessel  of  over  "20  tons  Imr- 
den,  and  her  tackle,  appai'el,  boats,  cargo,  and  furniture,  became  and  are  forfeited  to 
the  list!  of  the  United  States. 

Wherefore  the  said  attorney  prays  that  the  usual  process  and  monition  of  this  hon- 
orable court  issue  in  this  behalf  against  said  scliooner  and  all  said  hereinbefore  de- 
scribed property  to  enforce  the  forfeiture  thereof,  and  recpiiring  notice  to  be  given 
to  all  persons  to  ajipear  and  show  cause;,  on  the  return  day  of  said  process,  why  said 
forfeiture  should  not  be  decreed  ;  and  that,  after  due  pro(!eedings  are  had,  all  of  said 
])roperty  bt>  adjudged  decreed  and  condeniiied  as  forfeited  to  the  use  of  the  United 
States  ;  and  for  such  other  relief  as  may  be  proper  in  the  premises. 

M.  D.  Ball, 
Ciiiled  Slatf.%I>i>*trict  Atlnrncn  for  the  iJisirivt  of  AlaHkn. 

Dated  SeptiMiiber  'JOth,  IHSO. 


■>.  .. 


On  the  same  day  was  filed  the  tbllowiii"'  chiini 


IN   TlIK     UNITKI)    SrATi:s     DISTIUCT 


COURT    FOU 
MI  U  A  LTV. 


Tilt:    DISTHICT     OK    ALASKA.       I\    AI>- 


lor 
nsr 


In  the  mailer  of  the  llhl  of  information  agiiinst  th  >  schooner  Onward,  her  tackle,  apparel, 
furniture,  and  cargo.     Claim  of  manler  for  owner. 

And  no'.v  Daniel  Monroe,  master  of  the  schooner  O/iiran!,  intervening  for  the  in- 
terests of  Cliarles  Spring  it  (Jo.,  of  Victoria,  B.  C,  the  owners  of  the  schooner  Onward, 
her  tackle,  apparel,  furniture,  and  cargo,  as  set   forth  in  the  libel  of  information 

S.  Ex.  lOG 3 


34 


SEAl.    FI.SIIKKIKS    IN    BliKING    SEA. 


heroin,  iippfjirs  heroic  tliiHliononiMe  eoiirt  aixl  inakeHclfiiiii  to  tlie  .siiid  Keliooiier  fhi- 
irard,  lier  tiiekle,  apiiiucl.  I'mnituie,  ami  ear^o,  as  set  tortli  in  lliesnid  lil)el  of  iii- 
forniation  and  as  the  same  are  attaelied  liy  tiie  marslial  nnder  jirocess  of  this  court  at 
tlic  instance  of  M.  I>.  |lJall,  esc].,  I'nited  Slates  (hstrict  attorney  lor  tho  district  of 
Alaslva. 

And  tlie  said  Daniel  Monroe  avers  tiiat  tlm  said  Charles  Spring?  &  Co.  wore  in  pos- 
session of  tlll^  said  schooner  Onward  at  tln^  lime  of  the  attachment  thereof,  and  that 
the  said  Charles  Sprin};  A-  Co.  al>ovo  named  art;  the  trne  bona  liilo  owners  of  tlie  said 
schooner,  her  tackle,  ajiparcl,  fnrnitnre,  and  cargo,  as  seized  by  tht;  marshal  aforesaid, 
and  that  no  other  ]ierson  is  the  owner  thereof. 

Wherefore  h(>  prays  to  defend  accoidini;ly. 

DaNIKL   MoNItOE. 

Siibscrihed  and  sworn  to  before  ine  this  IHth  day  of  September,  A.  1).  IHifi. 


[ska  I,.] 


Am)1!i;\v  T.  Lkavis, 
('hvk  of  the  r.  S.  Dist,  Court  Jor  llw  JJixtrivl  »/ Alaska. 


\V.    C'LAliK  A:   1).    A.    l)|V(iI,KY, 

I'roctors  for  Claimant. 
On  the  same  day  wtis  lileil  also  the  Ibllowiiij^  (k'lmirier : 
Jn  Tilt:  DisTiuci  CouiiT  OK  Till';  Umticd  Statks  I'oii  tiik  Di.stkict  (»i"  Alaska. 
United  Slalcx  vs.  CIiarlvH  Sprin;/  and  Svhoonir  "  Onward.'"     Drmurrcr, 

The  deinnrrer  of  Charles  Spring  iV  Co.,  (daimants  of  the  )>roperty  proceeded  against 
in  the  above  cause,  to  the  amended  iiiformat ion  tiled  heri'in. 

1st.  Th(^  said  claimants  by  iirottvstation,  not  cinifessinj;  all  or  any  of  the  matters  in 
said  anuMided  infoiniatioii  to  Ix;  true,  demurs  tlien^to  an<l  says  th^it  "lie  said  matters 
in  manner  and  I'orm,  as  the  same  arcs  in  said  information  stated  and  set  forth,  are  not 
sulhcient  in  law  for  the  United  States  to  have  and  maintain  their  said  action  for  tho 
I'orfeitnro  of  the  projterty  aforesaid. 

■J<1.  The  said  claimants  by  protestation  deny  that  this  court  has  jurisdiction  to  de- 
termiiK!  or  try  the  (luestion  hereby  jmt  in  isstm. 

:{d.  And  that  said  claimants  are  not  bound  by  law  to  answer  tho  saine. 

Wherefore  the  said  claimantH,  Charles  Spring  &  Co.,  pray  that  tho  said  information 
may  be  dismissed  with  costs. 

W.  Clark  &  D.  A.  Dinglry, 

I'roctors  for  Claimants. 

Whieli  tU'inurrer  was  overruled  by  the  court. 

Oil  the  same  day  was  filed  the  following  answer  of  claimants  : 


■U 


I\    THK    VXITKH    .STATKS    DISTRICT   COURT   KOR  TIIK    DISTRICT   OI''   ALASKA. 

i'nitcd  Sliitvs  vs.  Cliurhs  Spring  if-  Co.  and  Schooner  "  Onward."    Answer. 

The  answer  of  Charles  Spring  &  Co.,  cl;iiniants  'and  owm^rs  of  said  schooner  On- 
n-ard,  her  tackle,  ajijiarel,  liirniture,  anil  car<ro,  as  tho  same  are  set  forth  in  the  in- 
formation tiled  herein  in  helialf  of  the  United  St;ites. 

And  now  comes  Charles  Siiriiifi  iV;  Co.,  elaijnants  as  aforesaid,  and  for  answer  to  the 
said  information  anainst  tin;  said  sidiooner  Onward,  her  ta(d<le,  ai>ii.'irel,  fiirnituie,  and 
car;;(),  Jis  set  forth  in  sai<l  iiilormation,  say  that  the  said  schooner  Onward,  her  taidvle, 
a]>p.'ir(d,  fnrniliire,  and  carj;(i,  asset  forth  in  the  information  meiitionerl,  did  not,  nor 
did  any  ]>art  thereof,  become  forfeited  in  inanner  and  I'orm  as  in  said  information  in 
tliat  behalf  allej;cd.  or  at  all. 

^\■herelore  the  said  claimants  i>ray  that  said  infoiniation  be  dismissed  with  costs 
to  these  claimants  attached. 

W.   Cl  ARK    &.  D.  A.   DlXGI.KY, 

J'rnctort!  for  Claimantn. 

Unitkd  Statks,  Dislrict  of  J/«.s/;.r,  ,vs  ; 

I'ersonally  appeared  before  me  W.  Clark,  who,  beiiij^  lirst  duly  sworn  upon  his  oath, 
says: 

I  am  the  duly  autli()riz(;d  i)roctor  for  the  claimants  above-named,  tliat  the  foreji[oine; 
answer  is  true  as  1  verily  believe.     That  the  reason  this  attidavit  is  made  by  me  and 


SEAL    FISMKKIKS    IN    HKRING    SEA. 


35 


not  by  c'liiimaiitM  is»  bt'causo  said  cliiiiiiantH  iiro  non-rosidtMits  iiii<l  ari'  absent  from  tho 

lJiNtri(5t  ol  AluHka. 
(This  was  treated  as  Hubseribi'd  and  sworn  to  by  Daniel  Miinroo,  master.) 
Subscribed  and  sworn  to  before  me  this      day  of  Septendier,  A,  D.  Hrt<5. 

On  September  2LM,  1880,  were  tileil  tlie  followin}?  exceptions  to  an- 
swer : 


t  .MTKI>    STATKS    DISTIilCT   COfUT,  DISTUICT   OK    ALASKA,   fNITKI)    STATKS  UK  AMEUICA. 

ViiUcd  Slates  vs.  The  Sehooncr  (hnrttrd.     ,Vo.  40. 

Tlie  said  libellant  hereby  excepts  to  tho  sntliciency  of  the  defendant's  answer  lierein, 
on  tlie  followiiij^  ^jroniids: 

1st.  Said  answer  is  not  properly  or  at  all  verified  as  re((nired  by  rule '27  of  the 
United  States  admiralty  rnles. 

'Jnd.  Said  answer  is  not  fnlj,  exjdicit,  or  distinct  to  earli  or  any  alU'f;atioii  of  the 
libel  herein,  as  recjnired  by  said  rule, 

:{rd.  Said  answer  docs  not  deny  or  admit  any  of  tho  allcf,Mtionsor  facts  in  said  libel, 
but  merely  denies  a  conclusion  of  law. 

yi.    D.    I5AI.I.    ANI>    \V.    II.    rAYSON, 

J'roctoi'K  fiif  Lihillaiit. 
Sept,  21,  1-^80. 

Which  excei>tions  were  siusttiiiied  by  the  court,  and  on  the  same  day 
Avas  iiled  the  foUowinjj;  amended  answer : 


,1* 


the 
,'111(1 

•kle, 
nor 

u  in 


IN   THE    UXITKI)    .STATES    DISTIUCT   COIKT   FoK   THE    DISTUICT    OK    ALASKA,       I\   ADMI- 

KALTY, 

I'liited  tSlatea  vs.  Charles  Spring  <J'  Co.  and  schooner  Onward.     Xo.  AO.     Am-  nded  answer. 

To  the  honorable  Lafayette  Dawson, 

Judijc  of  the  United  States  district  court  for  the  district  of  Alaska  : 

Daniel  Monroe,  master  of  the  schooner  Onward,  interveniiifj  for  the  interests  and  in 
behalf  of  Charles  Spring  »&.  Co.,  owners  and  claimants  of  said  schooner  Onn-ard,  hvv 
Tackle,  apparel,  furniture,  and  cargo,  for  amended  answer  to  the  libel  of  inforniatiou 
heroin  against  said  schooner,  her  tackle,  ajiparol,  furniture,  and  cargo,  alleges  as 
follows : 

Ist,  That  he  denies  each  and  every  material  allegation  in  said  libel  of  information 
contained. 

*.Jnd.  Denies  that  the  said  schooner  Onward,  her  tackle,  .njiparcl,  furniture,  and 
cargo,  and  the  projicrty  appertaining  thereto  as  set  forth  and  described  in  said  liiiel 
of  iiiforniation  or  any  part  thereof  became  forfeiteil  to  the  United  States. 

Hid,  Denies  that  said  scliooner,  her  captain,  ot'liciu's,  and  crew  or  any  oin^  of  them 
wci'o  found  engaged  in  killing  fnr  seal  within  the  limits  of  Alaslia  waters  and  within 
tlie  Territory  of  Alaska  ill  violation  of  section  llt'ili  of  the  Keviseil  Statutes  of  the 
United  States  as  set  forth  in  said  libel  of  inl'oriiiation  or  at  all, 

4tli,  Denies  that  they  killed  any  nnnibcjr  gn^at  or  less,  or  any  imniber  jit  .-ill  of  i'nr 
sealer  other  fur-bearing  animals  witliin  the  waters  of  Alaska,  or  within  the  said 
Territory  of  Alaska  or  in  any  part  tlii'ieof, 

"itli.  That  all  and  singular  the  )>ieiniscs  herein  set  forth  are  true. 

Wherefore  said  master  prays  that  this  lioiu) ruble  court  ^vill  be  pleased  to  iironminee 
.•igainst  the  libel  herein  and  that  tiie  same  may  be  Ismissed  with  costs  to  these 
claimants  attached, 

W.  Claiik  and  D.  A.  l)i.\(iLi:v, 

I'nivtorsfor  Claimants, 

Uxted  States,  Dixirii-I  of  Alaska,  •'.v  .• 

Daniel  Monroe,  being  first  duly  sworn,  n[)oii  his  oath  says: 

I  am  the  master  ami  eaiitain  of  the  schooner  Onward.  That  I  have  heard  read  the 
foregoing  answer  and  know  the  contents  thereof  and  that  the  same  is  true  of  my  own 
personal  knowledge, 

Daniel  Monhoe. 

Subscribed  and  sworn  to  before  me  this  "J'ind  day  of  September,  A,  D,  1880, 

Am>1!ew  T.  Lewis, 
Clerk  of  the  U,  S.  Dist.  Court  for  (he  District  of  Alaska.    . 


rf 


3S 


SKAL    FIHIIKIMKS    IN    HKUINCi    SKA. 


Oil  the  Itli  (l;iy  of  Ociohcr,  ISSO,  wiis  lilcd  tlu^  lullinviii;;  rctiiiii  to  tlic 
iiioiiitioii  issued  (tii  the  I'Stli  day  of  Aiigu.st,  IS.SO,  cited  on  payc  ;{  of  this 
tritiis(!ript : 

81TKA,  Dintrict  of  Jh.nhu,  hh  : 

\\{'  il  ri'iiicrnlirri-d  (liat,  in  uhcdiciici'  to  tlit^  iimirycd  inoiiitioi),  I  liiivo  :itliii'liP(l 
till'  wil liin-ilcHcrilicil  jUDprriN  iiml  now  lioM  1  In- siiiik'  in  my  [xi^scMMion  Niihjrct  In  tliu 
oi'dt'i'  of  til  is  iioMor.'iltIt'  coiirl. 

And  I  liiivf  ;{ivi'n  dmi  noti(•(^  to  all  pi  rsonn  cliiiniihf;  .Muid  pitipcrly  to  Im'  and  appear 
l)t'toi('  tills  di.stiict  court,  on  tlic  Itli  day  of  Octidicr,  If-'ti,  at  10  o'clock  a.  in.,  if  the 
Haiiii'  .sliall  he  a  day  of  inrisdiction,  oiIicins  i.H(>  on  tlio  next  (lay  of  Jurisdiction  tlmrcaf- 
tcr,  tlicn  and  lllc^(^  to  niaUe  llicir  claims  and  )ill(';;'ations  in  lliaf  licliiilf. 

And  that  I  have,  as  ordcri-d  by  said  coiii't,  caiiHcd  said  notice  to  lie  |iiildished,  and 
the  saiiK!  has  lieen  )iii1ilislied  in  the  Alaskan,  ajiiew  spaper  piildislied  at  Sitka,  in  said 
district,  on  the  It h  day  of  Septciiilier,  l^Mti,  and  in  each  issue  of  said  iKiwspaper  siili- 
seqiitM.it  thereto,  until  >aidltli  day  of  Octolier,  iHt'Ci. 

MAIiTdX   AlKINS, 

MkikIiuI,  DiHtricI  o/.ththLit. 
HiTKA,  Alaska,  OcloherHh,  IH'-iti. 

On  the  Hiinie  dtiy  the  followini;  deoroo  was  entered  : 


IN     T!ll';    L'Mirii     SIAIKS 


IHSTICT    COUKT    IN     AND     lOli 
L'MTI'.I)   STATKS   OI'   AMKIiK'A. 


TIIK     DISTISIcr   OI"    ALASKA, 


I'nlivd  SlaieH  vs.  The  Schooner  Oiiiranl.     Xo.  •IK. 

TIk^  iiiarslia!  liavin;^  retmned  on  the  monition  isHiied  to  him  in  tlio  ahove-ontitled 
action  tiiat-  in  obedience  thereto  he  has  .attached  the  Hchooner  (hnnud,  her  tackle, 
aiiparel,  boats,  carjro,  iind  furniture,  and  has  j^iven  dno  notice  to  all  persons  claini- 
inj;  the  saiiio  to  ajipear  before  thisconrt  on  this  Itli  day  of  (October,  18H(),  .at  !<•  o'clo(dv 
a.  ni.,  at  tins  District  of  Alaska,  United  States  of  Americ.i,  tli<Mi  and  there  to  appear 
and  make  their  alleojitioiis  in  that  Ixdialf;  and  Daniel  Monroe,  the  captain  of  said 
vessel,  havinj?  heretofore  tiled  .'i(daim  to  all  said  jjroperty  on  behalf  of  Char'es  Sprin;; 
&  Co.,  of  Victoria,  H.  C,  tlie  owner  thereof,  and  no  other  jiorsons  havinf;  apjieared, 
and  no  claims  or  alU^j^ations  havinjr  been  made  or  tiled  herein  by  .any  other  person  or 
persons,  and  the  usual  proclamation  havinif  been  made,  and  sai*!  cause  having  been 
heard  upon  the  jileadinj^s  and  jiroofs,  M.  D.  Hall,  esq.,  and  W.  H.  Payson,  esq., 
api)earin<f  as  auvociates  for  the  said  liliollant,  and  W.  Clark  as  advocate  for  said  claim- 
ants ;  and  the  cause  havinj;  been  submitted  to  the  court  for  decision,  and  due  delib- 
eration being  had  in  the  premises,  it  is  now  ordered,  sentenced,  and  decreed  as  fol- 
lows : 

1st.  That  all  persons  whatsoever  other  than  said  claimants  be  and  thoy  are  hereby 
declared  in  contumacy  and  default. 

!2nd.  That  said  sidiooner  O/iican?,  her  tackle,  a])]>iircl,  boats,  and  furniture  and  her 
cargo  of  40U  fur-seal  skins,  and  all  other  jirojierty  foiiiul  upon  or  appurtenant  to  saiil 
schooner,  be  and  the  same  are  hereby  condemned  as  forfeited  to  the  use  of  the  United 
States. 

:!rd.  That  unless  an  fippeal  be  ta'-en  to  this  decree  within  the  time  limited  and  pre- 
scribed by  law  and  the  I'liles  of  court  the  usii.al  writ  of  venditioni  exponas  be  issiu'd 
to  the  nii;;.-,lia1  commanding  him  to  sell  all  of  said  projierty  iiud  bring  the  ju'oceeds 
into  tlii.-t  court  to  be  distributed  according  to  law.  Costs  to  be  taxed  iV'i  awarded 
against  said  claimants. 

J. Af A Yi; rri':  Da ws( )n, 

District  Ju(J(/c. 

;\f   Sitka,  district  of  Alaska, 

Andiu'.w  T.  IvI:wl><, 


Dated  October  4tli,  l-^-C. 

Done  in  open  court   this    Uli  day  of  October,  18811 
United  States  (d'  America. 


V 


CIcrl:. 


On  the  same  day  the  following  motion  was  filed 


IX   TIIK    r.MTKD   .STATES   DISTUICT   COURT    laU   THK    DISTKICT   Of    ALASKA. 

CiiitedSlates  vs.  Charles  .'?/)/'i»;/  .f-  Co.  and  schooner  "  Ouward.''    Motion  to  set  aside  de- 
cree. 

Now  come  \V.  Clark  and  D.  A.  Dingley,  proctors  intorvoning  for  and  in  behalf  of 
fhe  claimants  herein,  and  nu>ves  the  court  to  set  aside  the  decree  rendered  herein  for 


KKAF.  Ki.siii:i{n;s  i\  iiKin\(}  ska. 


37 


tlif  nasDii  lliiil  I  li(<  <'vi(Inn('i!  iiroiliicrd  "11  lichiill'ot'  tln'  I'liilnl  Stiitrs  is  ulmllv  in- 
Hiilliciciit  ii{ii)ii  wliii'li  l.()  Ijti.ii!  said  (Icci'i'c. 

W.    Cl.AKK    A     |).    A.    l)|N(it.i;Y, 

I'lvlofx Jur  ('loiiiiiiiifH. 

Wliicli  motion  was  liy  tlu*  court  ovcrnilrd,  and  tliciciipoi;  tlio  follow- 
in;;  notiitti  ol' appeal  was  IiUmI  : 

IN  Tin;  iNiriat  stati:s  kistimct  cotiM   roi!  ini:  disiimct  ok  ai.aska. 

I'liilvd  Sliitis  vs.  r/irtc/cw  Spfimj  .>•  Cd.  and  schooner  "  Omvnid."     Xoliti  of  npiivnl. 

Ami  iiiiw  conic  W.  C,'liiil<  I't  1>.  A.  Diimlcy,  luuctor.s  I'nr  iiiiil  in  liclinll' of  f  lie  cluiiii- 
iiiitH  licrciii,  luiil  not  i  lies  til  is  liononililc  court  t  liat  liny  licrcliy  tiitiioii  t'rom  tin-  dccrHO 
i'cn(lcrc(i  lici'fin  to  tlic  circuit  court  liaviii';-  iiitpcliatt^  .jiiri.sdici  ion  over  tli is  district, 
and  lliat'  said  .'i]i|ica!  is  taken  on  iincHtions  of  lau'  and  laci,  and  pray  tlie  court  lor  an 
order  on  ifs  clink  to  preiiarc  a  coniidete  transcripLol'  tlie  record  lierdn,  as  tlie  law  ro- 
i|nires. 

W.    Cl.AliK    iV     1».    A.    l^INCU.KY, 

,  rntrhnu  I'lir  CUiimaniH, 

On  tlio  Oth  day  of  I*'t'l»juai'y,  1SS7,  was  entcrod  the  followinj;  oidcr  : 

III  the  iiKillirof  the  Vnllid  SlateHvu.  Si  liooiirr  Onward,  So.  l'.'.  Srhonver  Tlnirnton.  Xn. 
i>0.  tSrliooiur  ( 'arolinii,  \().  itl.  Srlinomr  San  llivijit,  A'o.  .'ri.  Arinx  and  AiniunnitiDn 
Svhv.  Shrra,  \o.  ."i7.     Armn  and  Aniinnnititin  Sclir.  (ili/  of  San  Ihcjo,  \(i.  oH. 

In  the  al)i)V(!  cjiiises,  upon  niolion  ti"  the  iittorney  for  the  United  States  and  arj;n- 
nient  of  coiinstd  lor  tlio  I'liited  States  and  for  the  inttM'veners  in  said  causes,  and  con- 
sideration Ity  the  court,  it  is  this  day  ordered  tiiat  writs  of  venditioni  exponas  do  is- 
sue froni  t  li(^  clerk  of  saiil  court  to  t  he  marshal  of  said  district,  for  t  lit!  sale  id'  ( he  ut- 
taclied  vesstds,  with  their  taekhs,  carj;(>es  and  fifiiilnre  of  whatsomer  description, 
and  of  tin;  arms  and  aniniiii'''ion  attachiMl  in  said  ciuiscs.  And  as  to  said  att.'udied  ves- 
sels that  the  sale  of  the  sanK!  (except  the  H(diooiicr  San  l>ic;i),  which  sliiill  he  sold  at 
Sitka)  shall  be  made  at  Tort  Towiisenil  in  the  district  (d'  Washin^^ton  'leriitory,  and 
as  to  the  seal  skins,  part  of  the  car;4()es  of  said  vessels  attached,  that  siilo  of  tlii^  same 
shiiU  ho  made  at  San  Francisco  in  the  District  of  Californiii,  and  that  sale  of  said 
schooner  Sau  Jfkyo,  and  all  the  other  attiuhed  property  he  made  at  Sitka-  in  the  dis- 
trict of  Alaska.  Thirty  days  notice  of  sindi  sales  to  his  ;;iven  at  eaidi  of  the  placcM 
where  the  sanii^  are  to  ho  made,  by  postiuj;-  such  notice  or  by  itnhlicatioii  in  some 
nowspapcn'  |>iibliMhed  at  such  jdaces  rcHiiectively.  And  that  said  marshal  do  have 
the  moneys  arising  from  snidi  sales,  to^^ether  witli  tlio  writ  coiumaiidiii;^  the  same,  at 
a  district  court  of  the  I'nitcd  States  for  this,  the  snid  district  oi  Alaska,  to  be  hold 
on  the  first  Momhiy  in  September,  l^j-iT,  and  that  he  then  pay  the  same  to  the  elcrk  of 
said  court. 


Ci.iauc's  Owicio,  IJ.  S.  Disr.  Coi'iix,  DisrincT  ok  Alaska, 

Sitka,  March  Id,  1H87. 
I,  Andrew  T.  Lewis,  (derk  of  the  siiid  court,  do  certify  thatth;i  fore^oinj^  transcript 
of  the  j'ecord  in  the  ease  of  the  rnited  States  m.  the  s(tliooiier  Onward,  her  tackle,  ap- 
liarel,  &.C.,  on  libel  of  iiiform.ation,  »fcc.,  iiojidin^  in  said  court,  h.as  \)cv.u  comi>ared  by 
niewith  tho  ori<;inal,  and  that  it  is  a  correct  transcrijit  therefrom,  and  of  the  whole 
of  such  orif^inal  record,  except  the  full  text  of  the  exhibits  referred  to  in  the  testi- 
mony  therein,  the  jiurport  of  which  only  is  stated,  and  that  tins  said  jnirport  of  ex- 
hibits is  correctly  stated,  as  the  same  ajipears  of  reiiord  at  mv  ollice  and  in  my  cus- 
tody, 
[seal.]  A.m>i!i:w  T.  Lewis, 

Chrk. 


.?    ■  .' 


dc- 


38 


SEAL    FISHERIES    IN   BEKIXG    SEA. 


[IiicloBure  3.  | 

Tran8cri2>t  <>/  ntord  in  llie  case  of  the  schooner  Tlioiiituii. 

The  United  StatOK,  iil)elliiiit,  vs.  Tlio  Schoonor  Thorufoii,  Iit  tiicklc,  &.c.     On  lil)cl  of 
iuibrinatioii  lor  ln'iiig  engaged  in  tlio  business  of  killing  I'lir  seal  in  A''"^!:;;. 

On  the  L'Stli  day  of  August,  1886,  was  filed  the  following-  libel  oC  in- 
fornuition : 


IN   THl',    DISTRICT   COUItT    OF     TUK     UN'TKD     STATES     VOH    TIIK 

AUGUST    ti''EC'IAL   TIOHM,    lf;CJ(). 


DISTRICT    or    ALASKA. 


To  llic  lionoralde  Lai'aykttk  Dawson, 

JikIijc  of  nuid  (lintrict  coiirl  : 

Tlio  lilx'l  of  iiifoiiiiatioii  of  M.  D.  Hall,  attorney  for  tlic  United  States  foi'  the  dis- 
trict of  Alaska,  who  prosecntes  on  behalf  of  sai<l  I'nited  States,  and  beini;'  presen', 
licn^  in  eonrt  in  liis  iirojier  person,  in  the  iiann^  and  on  i)ehalf  of  the  said  United  Sta'.-s, 
against  the  schooner  Thoniloii,  hc!'  !acl;Ic,  r.]!i)are],  boats,  cargo,  and  fnrnitnrt-,  and 
against  all  peisons  intervening  for  their  interest  therein,  in  a  cause  of  forfeiture,  al- 
leges and  inl'ornis  as  tolh)\vs: 

Tinit  Charles  A.  Alibey,  an  otlieei  in  the  revenne-inniine  service  of  the  I'nited 
States  anil  on  special  li.'.ty  in  the  waters  of  the  distiiet  of  Alaska,  heretofore,  to  wit. 
on  the  first  day  o|' Aiignst,  l"^rfl'i,  within  the  limits  of  Ahiska  'I'erritory  and  in  the 
waters  tlier<'of,  and  wit  ill  ii  1  lie  civil  ami  Jndiiial  district  of  Alaska,  to  wit ,  wit  hin  t  ho 
waters  td'  that  imrlion  of  Btdiring  Sea  belonging  to  tlie  said  disiriet,  on  waters  navi- 
gable from  the  sea  by  vessels  (>!'  ten  or  more  Ions  liiirilen,  seized  tlu^  ship  or  vessid 
commonly  ealled  a  schooner,  the  7lii)iiiloii,  her  taidsle.  appaie],  lioats.  cargo,  ,'niil 
fnriiitnre,  being  the  propei-ly  ol  some  ])eisoii  or  persons  to  t  he  said  attorney  nnkiiown, 
as  forleiteil  to  the  I'nited  Siatesfor  the  lollowing  causes  : 

Tliat  the  said  vessid  or  s(dr>on<u'  was  foiiiid  engaged  in  killing  fur  seal  within  the 
limits  of  Alaska  Territory  and  in  the  waters  thereof,  in  violation  of  section  I'J.'id  of 
the  Keviseii  Statutes  of  the  United  States. 

And  tiie  siiid  atlor;u-y  saiththat  all  and  singnlai-  the  premises  are  and  were  true 
and  within  the  ailiniralty  and  inarit  iine,  jiirisdielion  of  this  coiirl  ;  and  that  by  rea- 
son t  iiereid',  and  by  Ibrce  of  the  statutes  of  the  I  niti'd  ."-^tates  in  such  casi's  made  and 
jiroviiled,  tlie  a  I'oreinentioned  iind  desei  itied  s(dio(iner  or  vessid,  being  a  vessel  of  over 
t\\enty  tons  biinieii,  her  tackle,  ajiparel,  b(!ats,  cargo,  and  furniture,  became  and  are 
forfeited  tiitlu^  use  cd'  the  said  liiitcd  litates,  and  ,hat  said  scdie'incr  is  now  within 
the  distriid  aforesaid. 

Wlieref(U(!  til"  said  attorney  ]'.ra\  s  that  the  ns>'a  process  and  monition  of  this  hon- 
orable court  issue  in  this  belialf,  and  that  aP  persons  iinerested  in  t  lie  btdbienieii- 
tioned  and  described  schooner  or  vessel  may  be  cited  in  general  and  s])e(;ial  to  an- 
swer tli(^  veiiiises,  and  all  t\\U'  iiroiHM'dings  lieiiig  had,  that  t  he  said  nidiooner  or  vessid, 
her  tackle,  a])paiel,  boats,  cargo,  and  fiirnitire  may,  for  tlio  cause  aforesaid,  and  oth- 
ers api»earing,  be  eondi'nined  liy  t he  di  liiiite  seiiteiit'^  and  decree  of  this  henorablo 
court,  as  forltdted  to  tl'.e  use  of  the  said  United  States  according  to  tlie  form  of  tlio 
statute  of  the  said  I  iiited  States  in  siii  ii  cases  niaih^  and  provided. 

M.  11.   I5AI.I,. 
riiiU'u  St  lien  District  .ittonuii  for  thv  I  inlrict  of  .llii^kd. 

Whereu]»on  forthwith  issued  the  following  monition  : 

District  ok  Alaska  Sct  : 

The  I'resident  <d'  the  United  States  of  America  to  the  marshal  of  tins  district  of 
Alaska  greeting : 

Whereas  a  libel  >>t'  intorinatioii  Iiath  been  filed  in  tlie  district  court  of  the  United 
States  for  tlie  Distuct  id"  Alaska,  on  the  "JSth  day  of  August,  in  the  year  IHSti,  by  M. 
D.  IJall,  United  States  attorney  tor  the  District  aforesaid,  on  behalf  id'  the  United 
Stat/s  of  Amei'ica  against  the  schooner  Tli<>>ntoii,  ]n'V  tackle,  apjiarid,  boats,  cargo, 
am.  furniture,  as  forfeited  to  the  use  of  the  l;'nited  States  for  the  reasons  and  causes 
in  said  libel  of  infoniiatiou  ini'iitioned,  and  jiraying  the  usual  pri)C(\ss  and  iiionitiou 
of  the  said  court  in  that  liidialf  to  be  made,  and  that  all  persons  interested  in  thcsuid 
Hchooner  'Ihoriitoii.  lier  taidili  ,  aii]»arel,  lioats,  cargo,  and  furniture,  etc.,  may  becit«Ml 
in  general  and  special  to  answei' the  [in  mises  and  all  procei  dings  bidng  liad,  that 
till'  said  schooner  Thorn  on,  her  tii(d\le,  aiiparel,  boats,  cargo,  and  fnrnituro  may  for 
the  causes  in  the  said  libel  of  infivniatioii  mentioned  bo  coiulenincd  us  forfeited  to 
the  use  of  the  United  States. 

You  aro  thercd'ore  hereby  commanded  to  attach  the  said  schooner  Thornton,  tier 
tackle,  apparel,  lioats.  carg     iiiid  fuiniiitre.  to  detain  the  same  in  your  custody  until 


SEAL   FISHERIES    IN    BERING    SEA. 


3!) 


Ill- 


■7 


the  further  order  of  th(^  court  resiipctin<i;  the  same,  and  to  j;ive  notice  to  ul'  !«>rs!;».s 
<'hiiniii)j;  the  w;i'iie,  or  Uuowiiifj  or  havini^  auythi.if^  to  say  wliy  tlie  same  should  nor. 
1)0  condemned  and  sold  jiursuant  to  tlie  pray*!'  of  tlie  saiil  liltel  of  information,  that 
they  he  and  a])i)i'ar  hi  lore  the  said  court  lo  he  held  in  and  for  tht!  District  of  Alaska 
on  the  'Itli  day  of  OctolKir,  lfS>,  at  1<*  o'clock  in  the  forenoon  of  the  same  day,  if  Ihe 
samt!  sliall  he  a  day  of  jurisdiction,  other  .vise  on  the  next  day  of  jurisdiction  there- 
after, tht^n  and  there  to  intcrixiso  u  claim  for  the  sunu;  and  to  make  tlndr  alle^ati'>'is 
in  that  helialf. 

And  what  you  shall  have  dom;  in  tin;  ])remise,s  do  yon  then  and  there  makt-  return 
thereof  tofrt^ther  with  this  writ. 

Witiu'ss  the  h<Mioral>lf  Lafayi^tte  Dawson,  judji'e  of  said  court,  and  the  seal  thereof 
aftixed  at  tlm  city  of  Sitka,  in  the  District  of  Alaska,  this'2>";th  day  of  Au<iu>^t,  in  the 
year  of  our  Lord  one  thousaiul  eii^lit  hundred  find  eighty-six,  and  of  ihe  indepeniicncc 
of  the  I'nited  States  the  oiu)  hundred  antl  eleventh. 

[sKAi..]  Andrew  T.  Di.wis, 

Clerk. 

On  September  (!tli,  188(J,  was  lil.d  tlie  following;  anidiivit: 

IN    T!ir.     fXirKI)     STAKKS      DISTIilCT     COIRT    I.V    ANI>    lOl!     TIIK    lUSTltlir     OF     ALASKA, 

IMTKI)    8TATi:«    0\'    A.MKItK  A. 

The  I'liili'il  Si'iltis  of  America  vs.  Tlir  Schooner   Tliorntoii. 

U.nitf:i)  SiATKS  ()!••  AvrKiacA,  Dixirid  of  Alaska,  sx: 

C.  A.  Alihi'V,  hciiii;'  duly  sworn ,  dcposi-s  and  s;iys  : 

That  he.  IS  and  at  all  times  herein  mentioned  was  a  ca|. tain  in  the  I'niteil  States 
revenue  marine,  and  in  (Mimmand  of  Ihe  I'liited  States  ri'venue-ciittei  lU'rnin. 

That  atliant  and  the  fol!()\vin;j;-named  olhcers  <d'said  I'uririii  are  material  inid  neces- 
sary witnesses  for  the  United  States  iu  the  ahove-enlitled  action:  J.  t).  Cantwell, 
lieutenant;  .J.  U.  Rhodes,  lieutenant;    I.  If.  Doujflass,  ))ilot. 

'i'hat  owinu;  to  scarcity  of  juovisions  and  fuel  upon  saiil  cutter  Coririii,  the  saiil 
('orwiii  and  (h'lioneut  and  said  \vitiu\s~es  will  he  ohlij^ed  to  and  ari^  ahout  to  j^o  to 
Hca  wiihin  live  days,  and  out  of  the  district  iu  which  tin;  said  ease  is  te  he  tried,  ami 
to  a  ere,iie[' distance  tlnin  one  hnmlred  miles  Itom  the  id.ice  of  trial  of  said  ;iet  ion 
liefore  the  tinm  of  said  trial. 

That  tiicre  is  uret'ut  necessity  t'<'V  takini;  the  depositions  of  alhant  and  said  wit- 
nesses forthwith. 

That  Iliins  (Jnttoi'iiiseii  was  .nasternnd  in  jiosession  of  said  s(hi)oner  I'honiton  n\ 
the  tinu^  of  seizure  thereof. 

C.   \.  AiUii'.v. 

Suhscrihi'd  and  swoin  to  before  me  this  (iiii  day  of  .Scptemher,  1-'>(I. 

Ani)1!1:vv  T.   I.KWis. 

On  tlio  same  day  wtis  entered  the  following  order: 

In  the  matter  of  the  United  Stolen  vs.  Schooner  Thornton,  Cnse  Xo.  5(1;    Sehooner  f'aro- 
lena,  ca^y  Xo.  .")!  :  Schooner  Onward,  rune  Xo.  4'J  ;  Sciiooiii;r  San  Dieijo,  tone  Xo.  .")"2. 

In  the  aoove-entitled  actions  ure'eut  lU'cessity  and  ^^ood  cansi>  iiii|)earine'  therefoi' 
from  the  allidavitsof  C  A.  Ahhey,  now,  on  motion  of  M.  D.  Ihiil,  United  States  dis- 
trict attorney  for  Alaska,  ai-d  counsel  for  the  United  Suites  herein,  it  is  ordered 
that  the  depcsitions  of  the  wifimsses  C.  A.  Ahhey,  J.  VV.  Howison.  ,1.  C.  C'autwell, 
J.  U.  h'hodes,  J.  If.  Dou;j,las,s,  <J.  T.  Wiusl-w,  Alli'ert  Leaf,  ('.  Wilhelm,  Thomas  Siu- 
jileton,  ami  T.  I.,orei'seu  he  taken  hef'ns  the  clerk  of  the  said  district  (ionrt  on  Tues- 
«hiy,  the  7th  <lay  of  Sei>temher,  ''i.Mi,  at  7  o'clock  p.  in.,  or  as  .somi  thereafter  as  the 
mattcsr  can  ht*  re.iched  at  the  -iriee  of  Atiul  ch-rk  at  Sitka,  and  if  not  c(uupleted  (ui 
Hi?id  evening,  then  tin?  taking  of  said  depositions  to  he  continued  hy  said  clerit  from 
time  to  tiuu)  until  completed.  That  notice  of  the  time  and  place  of  taking  Haid  dej)- 
ositions  lie  served  hy  the  marHhal  of  said  district  on  Ilaiis  Outtonasen,  .Jaiiu's  Hlake, 
Daniel  Mutir*  ■'.  anil  Charles  E.  Raynor,  ami  upon  W.  Clark,  esq.,  attormiy  at  law,  on 
or  hefore  Septemher  7th  at  12  m.,  ami  that  Hueh  shall  he  due  ana  suflujient  and  reusou- 
ahle  not  ice  of  the  taking  of  said  (!e]iosi'iions. 

Done  in  open  court  this  (Uh  la;;  "f  Septemher,  188(5,  now  at  this  time  W,  Chirk,  esq., 
being  present  in  court,  waives  service  of  notice. 


hy 


..  1 


•  1 


■  ! 


40 


SEAL    FISlIEinES    IN    I'.EKLNG    SEA. 


On  tlie  7tli  (lay  of  September,  ]8S(>,  Avas  filed  tlie  following' notice  and 
return : 

IN    111I-;    I'NITKI)     STATKS     I)!.<'<'1!ICT    t'OUUT    IX     AND     ]()I<      IHI-:      DISIKICT     Ol     ALASKA, 

UMTKn    STATKS    OK    AMKII'CA. 


SI 


I'liitid  SInicH  of  Aiticrw  vs.  The  Schooner  Tliorutoii. 

'i\)  Huns  (iuttonnscii  jrrccfiiij!,-:  yon  are  notinMltliat  by  onlcrof  Ijufayt'tte  Dawtsoii, 
Jndijt',  (tf  Maid  distiict  court,  tlic  dopositions  of  (j.  A.  Ablicy,  J.  C.  (..'ant well,  J.  U. 
Jihodc.s,  and  J.  11.  l>oiii;las  will  lie  taken  bcl'oi'e  tlio  cI  'rk  ol'Kaid  district  court  at  his 
otiicc  in  Sitka  in  said  distric^t  on  'i'ncsday,  Scptcndicr  7tli,  IH"*!),  at  7  o'clock  ]i.  ni.,  or 
an  (soon  llicrca  ttt'i'  as  1  lie  matter  can  be  reached,  and  it'  not  ( 'nniilett-d  on  said  even- 
ing, tlie  takinji'  ol' said  dciiosilions  will  lie  continued  by  said  civik  iVoni  time  to  tinio 
until  completed. 

Dated  Septendicr  7,  1S8G. 

Ani>!;k\v  T.  Ei;\vis, 

(hrk. 

TNiTKn  Sta  ri  s  of  Amkkica,  ) 
I  tisjiiicT  or  Alaska.  ^^'''" 

'I'his;  i.s  to  certify  tiiat  on  llic  Tth  day  of  Scptcinl)er,  l"-'"!),  before  V2  o'clock  noon  of 
tliat  tlay,  I  served  tlie  annext'd  notice  on  the  wiiliin  named  Hans  Guttornisen,  at} 
Sitka,  District  of  Alaska,  by  then  aiid  llicic  ]>cr  'iially  deiiverin.j;  to  said  Hans  (iiit- 
torinscn  a  copy  of  said  notico,  and  tlic'  and  tlieii!  juiivc  him  the  privilej;jt;  of  bcung 
piesent  iit  the  takin<i  (d'  saiil  depositions. 
Dated  Septemhcr '.»tli,  1— •'('. 

liAKToN  Atkins. 

U.  S.  Mar:^haJ. 


On  September  lOlli,  LSSG,  were  Hied  the  following  depositions: 
IN   liiK    iNrn;!)   sjatks    ihsiimci    coriii    in   ani>   for  thf,  j>isti;ict  of  ai.a.ska, 

IMlF.li    MATFS    (IF    A.MF.UUA. 

*  77(c  UiiHt'd  >■/(//(. s  vs.  7 A."  ^■■'' joiKr  Thofiitoii.     Xo.  T)!). 

Depositions  of  witnesses  sworn  an'l  examined  before  ine  (ui  the  7f!i  day  of  Septem- 
ber, A.  D.  l.'^'^t*.  at  7  o'<'lo(dv  p.  III.  ot  h-MJ  day,  and  on  Seiitemlier  nth  and  IHli,  l.S."'i), 
thereafter,  at  I  he  cleil's  i)flice  of  said  court  in  Sit!<a,  ])isirict  ot'  Alaska,  United  States 
of  America,  by  virtiu'  and  in  pursuance  of  the  order  of  said  court,  made  i!!i;l  ;  niercd  in 
tlie  iihovc  (Mititied  action  on  Seiiiember  titli,  l-'-'i,  directing  that  the  testimony  and 
depositions  of  said  witnesses  lie  taken  betore  me  at  said  tirst  mentioned  time  ami 
lilace  and  at  siudi  sulisciincnt  times  as  the  lakiiiir  of  the  same  iiiight  )>e  continued  to 
i)y  me,  iii  said  act  ion  then  and  tliere  pending;  in  said  (list  lict  court  liel  ween  the  rnited 
States  as  jiiaini  iti'aud  the  schooner  Thonitoii  y^^  doloiidant,  (ui  liehalf  and  at  tln^  in- 
Htance  of  the  said  ]daintitl',  the  lliiited  States,  and  upon  notice  ot  the  time  and  (ilaco 
of  tl;e  taking  of  said  (h]iosii  iiiis,  served  u|)(iu  Hans  (jut  toriusen,  tin!  caiitain  ot  said 
Kch<H)7icr  and  in  iiossessicni  thereof  at  time  of  sei/nre,  and  upon  iV.  L'lark,  es(|.,  his 
attorney,  the,  owners  thereof  being  unknown  and  without  the  jurisdiction  of  this 
court. 

Caiitain  C.  A.  Abbey,  being  duly  sworn,  desposes  and  says; 

<./.  Stale  yonr  name  and  occupatiim. — A.  (Japt.iin  C.  A.  Abbey,  in  th<^  rnited  States 
lie  veil  lie  MiU'ine  Servire,  at  iireseiil  in  coiiiiiiand  of  t  lie  T.  S.  lie  veil  lie  Steamer  Conrin, 
on  special  duty  ill  Alaskan  waters,  for  the  protection  of  the  seal  islands  and  of  the 
Government  interests  in  Ai.-iska  generally. 

Ci>.  What  were  you  doing  and  wliat  occurred  on  the  1st  day  , if  August  last  in  the 
line  of  yonr  duty  ? — A.  1  was  cruising  in  JWdiiing  Sea,  about  71^  miles  soiitlisoutlieasfc 
Irom  St.  (Jeorge  Island,  in  about  latitude  iiiid  longitii(b>         .     1  found  tht^  4  boiit.s 

of  the  lU'itish  steam  schooner  Thoniinn,  of  Victiiria,  15.  C,  engaged  in  killing  fur  st^al. 
Eacdi  boat  had  in  her  from  thnni  to  eight  freshly-killed  seal,  arms,  and  ammuiiition, 
rowers,  and  hunters,  who  stated  that  they  belongisd  to  the  said  schooner  T>ioruton,  ami 
were  engaged  in  taking  or  killing  lur  seal.  Some  of  them,  if  not  all,  were  seenslioot- 
iiig  at  the  fur  seal  wlii(di  were  swiiumiiig  in  their  neighborhood.  On  this  evidence  I 
caused  the  vessel  to  be  seized  by  l,ieiit.  Cantwidl  ;  took  li(>r  in  tow  and  jiroeeeded 
with  her  to  Oonalaska,  where  1  ])laced  the  vessel,  cargo,  tackl(>,  fiiruitiire  and  ap- 
purtenances in  charge  of  Deputy  IJ.  S.  Marshal  Isaac  Aiideison,  of  Oonalaska,  the 


'>i  ■• 


SEAL    FISHERIES    IN    liKUING    SEA. 


41 


far;;f)  of  fur-seal  skins  beiiifj;  stored  in  "  Keneli,"  in  out!  of  tlie  warfliouses  of  tlie 
Alaska  Coinniereial  C'oni))an.y  and  under  seal.  One  hoat  of  the  Tlioniton  was  sent  to 
Sitka  by  the  sehooiier  San  IHvijo  and  plaeed  in  custody  of  the  IJ.  S.  marshal  at  Sitka. 
All  of  this  property  is  now  in  the,  custody  of  th(«  U.S.  marshal  at  Sitka,  ineludini^  her 
anus  and  annnunition,  which  I  hrouj^ht  to  .Sitka  on  tli(!  Ctirwiii. 

(.).  Was  this  tli(>  vess(d  a^i.iinst  which  th<!  iihel  of  information  is  filed  ? — .\.  It  is. 

i}.  Did  tills  Jill  occur  within  the,  waters  of  Alaska  and  tlus  Territory  of  Alaska  and 
wiihiu  I'll'  jurisdiction  of  this  court  ■? — A.  It  did. 

(i.  Did  this  occur  within  the  waters  ot  th(!  sea  navigable  for  vessels  of  ten  tons  bur- 
den or  over  ' — A.  It  diil. 

V.    A.    AliUKY. 

Suhsciihed  and  sworn  to  before  me  this '.itli  day  of  .Se[»ti'inbcr,  .\.  D.  bS-^t!,  'it'ter  liav- 
\\\iX  been  r(^a<l  over  by  ine  to  deponent. 
[.si:ai..]  "  Ani>i:kw  T.  Lr.wis, 

Clirk  r,  S.  Dixt.  Court. 


'k 


Lieut.  John  C  Cantwell,  beinjrduly  sworn,  di'iioses  and  says: 

Q.  State  your  name,  occn|)ation,  and  auc. — A.  .loliii  C.  Caiitwidl,  liid  lieutenant  V.  S. 
IJeveniie  Marine  Service;  at  present  uiiitiity  U.  .S.  revenue  sleaiuer  Conriii,  and  over 
the  age  of  tW(mty-one  years. 

t^.   Were  you  so  on  the  1st  day  of  August  last  ? — A.   J  was. 

<,,».  State  what  ■  ccurred  on  that  <lay  in  the  liiif  ot  youi  duty. — \.  I  saw  a  small  boat 
on  the  jiort  ';o\v  we  came  up  to  her  and  found  slic  liad  alxuit  "i  furseal  aiioard.  The 
men  in  llu;  boat  wovt'  armed  with  breecli-loadiiig  lilh's.  In  answer  to  the  comuiand- 
iug  odicer  tin;  .  len  admitted  they  were  killing  fur  seal.  Shortly  after  we  pirked  up 
a  hecond  lioat  and  then  sighted  the  schoDiier  Thorn  Ion.  There  were  dead  seal  in  the 
second  boat.  I  <lid  not  examine  t  he  other  lioais  :  i  was  sent  on  board  the  schooner  ; 
saw  Hans  (iiittonnsen  apparently  acting  iis  captain  and  Henry  Norman  as  mate.  1 
iski'd  them  what  they  were  doing.  Tlie  ca]itaiii  replied,  catidiing  seals.  I  signaleil 
this  to  Cajit.  Aldiey.  who  directed  mo  to  seize,  her,  which  I  did,  and  tiie  Corwin  look 
'i.i  schooner  in  tow.  TIk!  fur  seals  in  the  lioats  were  Ideeding  and  mnsi  luive  been 
Killed  within  a  few  hours. 

Q.  How  many  men  wei-i;  im  board  of  the  riiorntmi  at  the  time  of  >eizure  ?  — A.  About 
tifteeu. 

(}.  Was  this  a  reasiiuaide  numlier  for  ordinary  ]iurposes  of  commerce  and  naviga- 
tion ? — A.   Ii  was  an  nniisually  large  numlier  for  the  si/e  of  th"  vessel. 

(().  Do  y(Hi  recognize  this  pajier  ? — A.  I  do.  It  is  the  oliicial  iineiitory  madi^  by  tno 
of  the  t'nrnitiire,  tackle,  and  eaigo  of  the  sidiooncr  Tlionilini  (inventory  embraces  the 
usual  fninitiire,  rigging,  nautical  instiiimeiits,  lioats,  and  stores  of  a  vessel  of  this 
elass  with  a,  cargo  of  hi:!  seal  skins,  :i  seal  pup  skins,  and  ime  hair  seal  .'  i<in,  and  they 
are  recei[)ted  for  by  1.  Anderson,  dei>uty  V.  S.  marshal,  Oonalaska.  Aug  1st  lltii,  1H»(5); 
the  item,  4()li  seal  skins,  inentioued  in  the  in  ventiu'y,  are  fur  seal  skins  ;  t  Ins  inventory 
gives  afiill  and  correct  list  of  all  the,  fuinilnre.  tackle,  and  cargo  of  said  vesstd,  with 
the  exeepf  ion  of  tin'  following:  ArmsamI  auiniuiiitiiui.  octant,  and  one  chronometer, 
'i'hci'e  is  one  lioat  bejougjiig  to  the  Tlioniloii  that  was  sent  down  on  the  San  IHfijo  and 
ineludcii  in  the  iiiveiitoiy  (d'tlie  S<i)i  Divijo.     'i'lie  Th(ir)ilon  had  four  tioats. 

.Joii.v  V.  (  ANrwi:i.i„ 
:)d  I. hut.,  i:  >.  /.'.  M. 

day   of  September,  A.  1).  IHSt;,  after 


Siib> 
hav'-.  ■ 


•:i'c-dand  sworn   \n  before   me.  this  Dili 
be4-M  ;  t  ad  over  by  me  to  deponent. 

.1 


AxniiKW  T.  Lkwis, 

Cleric  r.  >■.  Didt.  Court. 


.lolin  I      'Miofies  being  c'nly  sworn  deposes  and  sa\  s  : 

l^.  State  ,.;/.ir  name,  age,  and  occupation. — A.  (ihn  {'.  }\*iiod(  s,  over  '21  years  t)f 
age,  and  lieutenant  in  tlio  l'.  S.  Keveniie  .Marine  '  .tached  to  theievonuo  si,  amor 
Corivhi,  and  was  so  on  tlit!  1st  day  of  August,  It-^fii. 

(),.  State  what  haiipened  on  the  last-named  day  ii.  connect';)n  with  the  schooner 
Ttiorntun. — A.  I  was  on  the  Corwin  at  the  tinu^  the  Thornton  v.as  st'ized  on  that  dayi. 
We  find.  ])ick(<d  up  a  boat  bearing  the  name  Thornton  ;  it  had  al)oiit  8  dead  fur  seal  in 
it;  the  men  in  the  boat  had  breech-loading  rilles;  we  afterwards  picked  ii|i  another 
boat  and  then  siglite<l  the  scdiooner  Jhoniton,  luid  went  on  board  and  was  put  in 
charge  of  her.  Wo  afterwards  jii  eked  up  two  more  boats  ;  the  men  in  the  boats  (daimed 
iL,  .  the  boats  ludonged  to  the  Thornton  and  were  jnit  on  board  of  lier.  There  wore 
bcf-'At^eu  1')  and  ^0  dead  fur  seal  on  deck  and  one  hair  seal.  Tlii^se  seal  were  most  of 
liif  ii  'i'f'dicg  and  evidently  recently  killed.  The  captain  and  several  id' the  liiinterH 
said  i!:'"y  nad  killed  'Jl,  I  think  it  was,  fur  seals  that  day,  and  would  have  got  more 
if  they  ijpd  liiul  more  dayliglit  and  if  the  cutter  had  notcoiuo  up. 


•' 


42 


SEAL   FISHERIKS    IN    BERING   SEA. 


Q.  Do  yoii  rt'cojinizo  tliost^  papers? — A.  I  do.  This  ]Kipt>r  iiiarkccl  (Ex.  G)  is  tlio 
clDiinvMCii  i)apor  of  tlio  scIioouit  Thornton  {thin  paper  rtpresctitH  the  Uriiinh  ateain 
nchoonir  Thornton,  Uanx  flntlormurn,  manter,  ^i'i^KW^  tonH,nar\ijated  with  \iMDien,  bound  for 
the  J'ucijio  Ocean,  llehring  Sta,  and  Ohholuk  Sea,  on  a  hnntin;/  and  ftxliinr/  royatje,  at  har- 
infi  (ha  red  from  Vhtoria,  Ji.  C,  Man  ^-^Ih,  1*^8(5).  This  paper  inaiiicd  (Ex.  H)  is  her 
billot'  licaltli  (issi'ed  saiiK',  date  and  plaeo  with  (doaraixn-).  I  found  tli<s(>  i)a;'er.s  in 
tlic.  scliooiu  r  Thornton  at  the  t  iiiKS  of  seizure  and  then  toolc  poss(!ssion  of  tlieni. 

Q.  Wliat  w:is  the  list  of  arms  and  aninnmition  found  aboard  the  schooner  Thornton 
at  the  time  of  seiznre  ? — A.  4  rilles,  (i  shotj;iins.  H(;7  shotunn  (Nirtridf;t's,  tvii)  rille-f^nn 
(•artri(l;j,cs,  108  lbs.  powder,  1  kej^  i)owdcr  jiartly  tilled,  "^  ba^.s  bullets,  11  baf;H  buck- 
shot, f)  boxes  of  wads,  ',\^  boxes  primers. 

Q.  What  has  bcMjoim*  of  these  arms  and  animnnition  ? — A.  Tli(-y  wen;  delivered  to 
the  U.  S.  marshal  at  Sitka,  and  are  now  in  his  custody. 

John  U.  Kiiodks. 

IJent.  r.  S.  A'.  M. 

Subscribed  and  sworn  to  before  me  this  -th  day  of  Septemlx'r,  A.  I).  18-i(),  after 
liavinjj  been  read  over  l)y  mo  to  the  deponent. 

[si;.\r,. ]  An'hhkw  T.  Lr.wis, 

Clerk  i.  S.  J)ist.  Vnnrl. 

Jolin-l'.  lihodes,  beiu'j;  duly  sworn,  deposes  and  says: 

(}.  State  your  name,  a,ui\  and  oeeu)iation. — A.  .lohii  I'.  IMiodes;  F/ieiit.  11.  S.  reve- 
nue luarini'  ;  at  present  on  <luty  on  the  V .  S.  res'enut!  steamer  Coricin  :  and  ovt>r  tin' 
ajie  of  "21  years. 

Q,.  St.'ite  what  nautical  in>truments,  if  any,  w(M•(^  sei/eil  on  the  seliooni'r  'J'hornlon, 
except  such  as  are  included  in  hiir  general  inxcnttiry.— A.  ()ne  clirouomeler,  .\o.  1157-J, 
made  by  ICe.ssi^ls,  and  one  octant. 

().  What  has  become  of  this  |)i  •'•fr?-A.  I  turned  it<ivertothe  l'.  S.  nnirshal  at 
Sitka,  and  it  is  now  in  his  cnstod;, 

.lollX    r.    KlIODK.S. 

Subscribed  and  sworn  to  before  mi^  th..,  ;Mh  d.iy  of  Se])teml)er,  A.  D.  H-t>,  alter  hav- 
ing been  read  ovei'  by  mo  to  deponent. 

[SKAI..  ]  AN'lMtKW  T.    Lr.wis. 

Clerk  {'.  S.  l)isi.  Conrl. 


tl 

St 


J.  H.  Douglas,  being  duly  sworn,  deposesaud  says: 

i-l-  Statt!  y(.ur  n;ime,  age.  and  occupation. — A.  .1.  11.  D  mglas  ;  am  over  "Jl  years  : 
am  a  ]iilot  in  the  l^evenue-Marine  Service  of  tln^  United  .States,  ;md  havtj  been  so  for 
the  7  ye.ai's  last  i)asr.  I  am  now,  and  on  the  lirst  of  August,  Ir'Hli,  was,  ))ilot  on  the 
revenue  steamer  Corw'ui. 

(>.  Slat(^  what  occnri'ed  on  tli(>  last-namerl  day  in  conueclion  with  the  sclioonei' 
Thornton. — A.  We  sighte<l  a  boat  on  our  poit  bow  ;iud  soon  afler  saw  another  boat  ; 
steamed  to  the  tirst  boat  an. I  orderecl  her  to  come  alongsidi-,  w'lich  sh<'  did.  The 
name  steann-r  Thornton  Aa  ,  on  the  stern  of  the  i)o;it.  Tlier()were  two  cr  threes  mcMi  in 
the  boat  with  arms  ami  (i  •;•  H  dead  fur  seal,  which  had  t  he  ai>pearance  o)'  having  been 
lately  killed.  I  asked  the  men  what  Inck  thcv  had  1  ..il.  ()iitM)f  them  replied  "We 
have  (■)  or  8,  but  not  as  good  as  souu^  days."  We  toolc  possession  of  the  boat  and  con- 
tents by  order  of  Capt.  Abbey.  We  then  pi(dved  up  the  second  boat.  Iiu<ling  it  en- 
gaged in  the  same  business  ;  then  we  sighted  a  s(diooner  diifting  without  sail  or  steam, 
which  jiroved  to  be  the  steam  sehooiuM'  Thornton.  On  coming  uj)  with  her  she  was 
.seized,  by  order  of  Capt.  Abl)ey,  and  taken  in  tow.  We  then  piek<Ml  up  two  more 
boats  belonging  to  the  Thornton  having  dead  fur  seal  on  board.  This  was  in  Hidiriug 
Sea,  about  ().")  miles  southeast  from  St.  (ieoiges  Island  and  about  ."illU  or (;(!(.)  miles  ti; 
the  eastw;ird  of  the  western  boundary  line  of  Alaska  Territory, 

Q.  Sliite  wlnvt  experience  yon  liav(!  had  in  the  fur-s(^aling  business  and  your  knowl- 
edge of  the  habits  of  the  fui'  seal. — A.  I  have  been  ciruising  for  more  than  l")  years  off 
and  on  in  Alaskan  waters,  always  as  an  oltici^r  or  pilot,  and  have  visited  the  I'ribilolV 
Islands,  St.  I'anl,  ami  St.  George  several  hinidred  times  and  am  i)erfectly  familiar 
with  the  sealing  business  as  (u)nducted  on  those  islaiuls,  and  understand  the  migrating 
h.abits  of  the  fur  seals.  From  about  the  1st  of  May  to  abo'.t  the  1st  of , Inly  of  e.ach  year 
the  fur  seal  is  migrating  north  and  mostly  through  the  IJnimak  and  Akutaii  passes  to 
those  islands  for  breeding  ]iurpo.ses.  They  go  to  no  other  jdace  in  tlio  known  world 
except  these  islands  and  Co     »er  Island  for  l)reeding  jjurposes. 

After  the  breeding  season  d' about  a  mouth  they  l)egin  to  migrate  south,  and  until 
November  of  eacli  year  are  migrating  south  through  IJehring  Sea.  During  this  season 
from  May  till  Noveiub(>r  the  fur  seal  are  plenty  in  the  watiMs  adjoining  the  I'ribiloft'Isl- 
ands,  and  are  migrating  to  and  from  these  islands,  and  are  at  all  times  very  plenty  be- 
tween I'nimak  Pass  and  said  islands  in  a  track  about  'M  miles  wide  which  seems  to  bo 


SKAL    FISIIKRIKS    IX    BERING   SEA. 


43 


their  lii;^li\v!iy  to  and  from  siiiil  isliinds.     Tlio  .scliooncr  Tliornlou  ami  Iut  lioat.s  wlioii 
seized  weiv  diri'clly  on  tliis  track. 

J.  H.  Douglass. 

SnlisfrilitMl  and  swofii  to  lK'r()r(>  luc  this~tli  day  of  S^.'^tcmhcr.  A.  I>.  V-<"^i>.  after  liav- 
iiig  lit'e:i  rcailovi'r  by  iiu;  to  di'imiuMit. 


[SKAt.] 


A.  T.  Lkwis, 
Clerk  I'.  S.  Pisl.  Court. 


IX    TUK    LNITKI)     S  TATKS     IHSTUICT     CJUtlT    I.V     AND     I"1)R     Till:     DISTUK  T     (IF     ALASKA 

UNITKD    STATKS    Ol'    A.MKKICA. 

I'lu:  rtiltcd  State>i  \!i.  The  Schooinv  "  I'lmnitoii."'     Xd.  '^0. 

WluMoas  on  the  fltli  day  of  SeptcmlxM-,  18d(),  tlio  said  district  ronrt  dnly  made,  and 
entered  in  tlie  Joiirnal  of  said  eonrt  an  order  in  *ho  aliove-ontitled  aetion  direetini;- 
that  the  testimony  and  depositions  of  tin*  witnesses,  V.  A.  Aldiey  .1.  V.  Cantwell,  .}. 
I'.  Ifhodes,  and  J.  li.  Doni-lass  Im  taken  before  me,  the  clerk  of  said  court,  at  the 
time  or  times  and  ])lace  and  upitn  siiuh  notice  as  was  specitied  in  said  order. 

Now,  tliereforo,  this  is  to  certify,  tiiat  in  ])ursiian(,'o  of  said  order,  on  Sepieinbcr 
7th,  I'^rit),  at  7  o'clock  ]).  m.,  each  and  all  ol'  the  above-named  witnesses  appcari-d  be- 
fore me  at  the  clerk's  othoe  of  said  court  at  Sitka,  district  of  Alaska,  Kiiitcd  .Stati'> 
of  America;  that  M.  1>.  IJall,  es(]..  (list,  attornt'y  of  said  court  and  district,  and  W. 
If.  I'jiyon.  esi|.,  appeaiol  then  iind  thereon  behiilf  of  and  as  at  toriieys  and  proctor^ 
lor  (lie  I'nited  States,  the  lib(dlant  hei'cin  ;  and  \V.  Clark,  csi|.,  thciii  and  there  ap- 
peared on  behalf  of  and  as  attorney  and  proctor  for  the  s;iid  schooner  ami  her  own- 
ers liendn;  and  Hans  (iiUtormsen  then  and  there  ap|>eared  in  piirsn.iuce  of  notice 
.served  npon  him. 

That  I  was  nnabl(>  to  complete  tln^  t.ikiii;;  of  said  de|)osifiiins  on  s.iid  Tlh  day  of 
Seiirember,  IriSi),  and  I  continued  the  tiikiiiy  thereol'  on  the  ,sih  and  iltli  of  S"pt(>iiiber, 
lH"-t),  and  completed  the  same  (m  said  last,  named  day.  That  tln^  said  parties  by  th.Mi' 
said  altoineys  ainl  ]>roctors  then  and  there  ap))eart!d  and  were  i>resent  on  each  of 
said  last  named  days  and  .at  all  tinu^s  dnriii;.x  the  takiiu';  of  s,:i:I  depositions.  Thai 
each  of  s.iid  witnesses  w;is  (list  duly  caiitioiied  and  sworn  by  me,  then  .■iiid  theri>,  that 
the  i>\  ideiice  Im  should  i;ive  in  said  action  should  be  rlie  li-iirh,  the  wlinle  Truth,  and 
nothing  Imt  tin;  truth,  and  thereatti'r  each  of  said  witnesses  w;is  th.'U  ami  tluMe  ex- 
amined belore  me,  and  I  then  and  there  took  down  tlm  statement  and  leslimony  ol' 
each  of  said  witnesses,  and  reduced  tin*  same  to  writiiis.;  in  his  pri'sence,  and  then 
and  there  read  the  same  o\-er  to  him  ;  and  he,  t  hen  and  there,  after  the  same  hail  biien 
so  reduced  to  writiiis^aud  read  o\  'r  to  him,  .snl)scribod  the.  same  in  my  prtisence,  and 
swore  to  the  truth  thereof. 

That  the  fore^Hu'i!;;- deposit  ions  are  t  he  depositions  of  said  witnesses  ihiui  and  tlieie 
taken  before  me  as  aforesaid.  That  due  notice  of  the  taking,  of  said  depositions  w.is 
j;iven  as  rcipiiicd  by  .said  order. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  the  seal  (d'  said  dislrict  court 
thisilth  d.iy  of  Septoiuber,  L^iyti. 

A.\i>i;f.\v  T.   Lkwis, 
i'lrrk  U.  .N'.  Di!<l.  Court  in  and  for  the  Dintriit  of  .//((sAv*.  I.nitrd  Slatcy  of  Anii'tira. 

Vu  tlie  L'Otli  (lay  of  September,  18.S(»,  was  tiled  tlie  followiijo-  cliiiiu  of 
master  for  owner: 


IN'    TIIK    fNITKI)    STATKS    DISIIMCT    t:Ot;i!T    I'OI!     Till'.    KISTKHT    ill*    AL.VSKA. 

KAi.rv. 


IN    A1>.MI- 


fn  the  DKttfcr  of  the  'ihcl  of  iiit'onnnthni  niinhmt  the  nchoomr  Thornton,   her   tnrklc,   up- 
parti,  furniture,  and  cunjo.     Cliiini  of  ntaxler  Jor  owner. 

Aud  now  Hans  (Tutorinsen,  master  of  tlu^  scdiooner  Thornton,  interveiiin^i'  for  the 
interest  of  J.  D.  Warren,  of  Victoria,  M.  C,  th((  owner  of  the  said  schooner  Thornton. 
her  tackle,  apparel,  fiirnitiire,  and  carijo,  asset  forth  in  the  libtd  of  iuformat  ion  Intre- 
in,  ap)»ears  ln-fore  this  honorable  court  and  makes  claim  to  the  .said  schooner  Thornton, 
her  tackle,  a]ti>arel.  furniture,  and  car>;o,  as  set  forth  in  the  said  liind  of  information, 
and  as  tiie  same  are  atta(died  by  the  marshal  under  process  of  this  (;ourt  at  tht;  in- 
stance of  M.  1).  Ball,  e,s(|,,  I'liited  Slates  district  .attorney  for  the  district  of  Alaska. 

And  the  said  Hans  (iuttormsen  avers  that  the  said  J.  D.  Warren  was  in  pos.session 
of  the  suid  sclioouer  at  the  time  of  the  attaclniieiit  tliereof. 


I 


'I' 


44 


SEAL    FISlIElilES    IN    I5EIJING    SEA. 


And  tliiit  tlio  miid  ./.  D.  Wiii'^fii,  .iliovoiianiod,  is  the  true  anil  bonufido  ownor  ofthf; 
said  Mcliooner,  Iut  tJicklc,  iiMjiarcl,  cif'io,  and  Ciiriiiturc,  as  Hcizcd  l>y  tln<  Hitid  niarslinl 
aH  aforesaid,  and  that  no  other  per. m  is  the  uwnt-r  tiicreof.  Wherefore  lie  jjrays  to 
«lel'end  accordin^^ly. 

Hans  Gittohmsen. 

Snbscrihed  and  sworn  to  lief'ore  i-.i"  tliis  Idlh  (hiy  ofSciiteinher,  A,  1).  1880. 
[seal.]  Andukw  T.  Li'.wis, 

Clerk  of  the  V.  S.  Dint.  Court  for  the  JJintriit  of  Jlunkit. 

W.  Ci.AUK  &  D.  A.  Din(ii.i:y, 

I'roctorH  for  ( 'luiinont. 

Oil  the  Sivme  day  was  lilcd  thefollowiiijj  anioiuled  libel  of  iiif'oriiiatioii: 


IN     TIIF,     rXITKI)     STATKS     D^STIUCr     COfUT     IN    ANI>    I'OI{    rili;     IHSTKICT   OF    ALASKA, 
UXITKI)    STATKS    OK    AMKlilCA.       Al'ClJST   SfKCIAI,    IKUM,    l-^(). 


To  ilic,  lionoralile  Lafay-vi'tk  Dawson, 

Jiidfic  of  Mid  J)i>itricl  Court  : 

The  anien(h>d  lihid  of  information  of  M.  1).  Hall,  attorney  for  fins  United  States  for 
thedistriet  of  Alaska,  who  ])rosecnteH  on  Ix'half  of  said  United  States,  and  heinji  pres- 
iMit  here  in  court  in  his  owi  |)voiier  person,  in  tht;  name  and  on  helialf  of  the  said 
United  States,  aUcijos  and  informs  as  follows,  to  wit : 

That  C.  A.  Ahliey.  iin  oflieer  in  the  Urveniie-Mariiie  Service  of  the  United  States, 
duly  commissioned  liy  the  I'resident  ol  tlie  United  States,  in  command  of  the  ['nitetl 
Stati's  re\'enne-cnt  ter  rone*  (/.and  on  s)i(!cial  dnty  in  t  lie  watei-s  of  tin'  district  of  Alaska 
heretofore,  to  wit,  on  tint  1st  day  of'  An^iist,  I'-Mi,  within  the  limits  of  Alaska  Terri- 
tory, and  in  the  waters  thereof,  and  witliin  tiie  civil  and  jndicial  district  of  Alaska, 
to  wit,  witiiin  the  AvatcMs  of  that  portion  of  l!ehrin<;'  Sea  helonj^incr  to  tho  l'nite(l 
States  and  said  district,  on  waters  i,avii;ahle  from  tin;  sea  l>y  vessels  often  or  niort* 
tons  hnrden,  seized  the  sidiooner  Thornton,  her  tackle,  a]iparcl,  hoats,  car;;(>,  and  tnrni- 
tnre,  hei'ijr  the  ])roperty  of  some  ]terson  or  persons  unknown  to  said  attorney.  The 
said  jn'operty  is  mor(>  iiarticnlarly  dcsei'ihed  as  follows,  to  wit  : 

1.  Schooner  Thornton,  of  ^'icturia,  H.  (J.,-l  boats  with  oars,  sails,  and  ;^ear  ;  carpen- 
ter's iiml  canlkintj  tools  and  materials;  ;">  tons  of  coal,  10  yds.  of  canvas,  cloiik, 
chronometci-,  nantieal  instrnnients,  ]irovisions.  sails  and  rnnniii";  ^I'ar,  rojx's,  twine, 
lam|is,  oil,  casks,  Inickets,  enj;in(?  and  ,uear,  'JO  sacks  of  salt.  Hi;}  I'ur-seal  skins,  1  hair- 
seal  skin,  '■'>  iin]i-seal  skins,  -X  rilles,  (i  sliot^nns,  and  arms  and  ammunition  for  same, 
and  all  other  ])r()pert  /  fonml  n)ion  or  a)ipurten.int  to  said  seliooni'r. 

'i'hat  sanl  C.  A.  Ahhey  was  then  and  there  duly  coinmissiiin(!<l  and  anthorized  hy 
the  projter  departnu'nt  of  the  United  Statics  to  maki' said  seizure. 

That  all  of  said  property  was  then  and  there  seized  as  forfeited  to  the  United  States 
for  the  followinLj  causes: 

'I'hat  said  vessel,  her  ea]>tain,  ollieers,  and  crew  were  then  and  there  fonml  en- 
^^ayed  in  killiu;;'  fnr  seals  within  the  1' aiits  of  Alaska  Territory  ami  within  the  waters 
thereof,  in  violation  of  section  l'.(.")()  of  tin- J\^^vised  Statutes  of  the  United  States. 

'J'hat  all  the  said  pro]ierl\',  after  beinu;  seized  as  aforesaid,  was  hrouj^ht  into  the 
]iort  of  Oonalaska  in  sanl  Territory,  ami  delisered  into  the  keepinijj  of  I.saac  Ander- 
son, a  deputy  Unittd  States  luarslial  of  this  district,  with  the  exceptiou  of  the  said 
arms  and  ammnuition,  whicdi  latter  were  hrouj^ht  into  the  ])ort  of  Sitka  in  said  dis- 
trict and  turned  over  to  the  United  States  marshal  of  this  district,  and  ;J1  of  said 
property  is  now  within  tlu^  Jndicial  district  of  Alaska,  United  .States  (d"  .*,  ii, erica. 

Ami  th(!  said  M,  1).  Ball,  attoriu'y  as  aforesaid,  further  informs  and  alle^^es : 

That  on  th"  1st  day  of  Anj^ust,  IHSCi.  Henry  Norman  and  certain  other  jier.sons 
whose  nanu's  are  to  sai<l  United  States  attorney  unknown,  who  were  then  and  there 
en<fajj;ed  on  hoard  of  the  said  schooner  Thornton  as  seamen  and  seal  hunters,  did,  un- 
der the  direction  and  hy  the  authority  of  Hans  (iuttornisen,  then  ami  there  master  of 
said  schooner,  enj^a^e  in  killinjr  and  did  kill,  in  the  territory  and  district  of  Alaska, 
and  in  the  wattn's  tlier(V)f,  to  wit,  iJO  fur  seals,  in  violation  of  section  I'.t.'Kl  of  the  Re- 
vised Statutes  of  the  United  States,  in  such  cases  made  and  i)rovided. 

That  tho  said  4(13  fnr-.seal  skins.  :?  ])up  skins,  1  hair-seal  skin,  and  other  goods  so 
seized  on  hoard  of  said  schooner  Thornton  constituted  the  car^o  of  said  schooner  at 
the  time  of  the  killinjif  of  said  fnr  seals,  ami  at  the  tinn;  of  said  seizure. 

Ami  said  attorui-y  saith  tiiat  all  and  sin;;ular  the  premises  were  and  are  true  and 
witliin  the  admiralty  and  imiritinie  jurisdiction  of  the  United  States  and  of  this  hon- 
orable court,  and  that  by  reason  thereof  and  by  force  of  the  statutes  in  sneh  cases 
made  and  ]trovided,  the  aforementioned  schooner,  belli;.;  a  vessel  of  over  20  tons  bur- 
den, and  her  said  tackel,  apparel,  lioats,  cargo,  and  f-irnitiiro  became  and  are  for- 
feited to  the  use  of  the  United  States. 


.SEAL    FISHERIES    IN    IJEI{I.\(;    SEA. 


4.") 


Wlierctorc  tlit!  said  iittoriuiv prays  tliat  lliti  iisiuil  jiroccss  and  inonitioii  oC  this  lum- 
oralilo  court  issue  in  tiiis  hciialf  aj^aiiist  said  schooner  ami  ail  said  licniiiihcfon"  de- 
scribed iirojieity  to  oiituicc  tlio  forfeit  n  its  thereof,  and  iei|iiirinj;'  notice  to  he  i;i\en  to 
all  jiersons  to  aitpeur  and  sliow  eanse  on  the  refnrn  day  of  said  process  why  said  for- 
feiture should  not  li((  de(M'eed;  and  that  after  <lue  ]irocee(lin>;s  arc^  had,  all  of  said 
j)roiH!rty  be  adjudjicd  dociced  and  fondenmed  as  forfeited  to  |he  use  of  the  L'uitcd 
States;  and  for  such  otiier  relief  as  nniv  be  proper  in  the  iirijniises. 

M.  I).  Ham., 
r.  .S'.  lH:<t.  Allonicii   for  lite  Dinlrict  o/'  Aldi^kd. 

J'atodSeplendier^JOth,  I-'h;. 

Oil  the  samo  day  was  iiled  the  (bllowinji;-  deiimrrer: 

IN'  TMK    CMTKI)    STATKS    DISTlilCT    ((ll'ltT    FOR    Till',    DISTKICT    OK    ALASKA. 

Ciiited  Stales  vs.  J.  /).  U'ttrrcii  and  sdnxnicr  ^''J'lionitoii.''    Demurrer. 


.  .■' 


The  <lenMirrt>r  of  .J.  I).  Warren,  claimant  of  the  ])roperty  proceeded  aj^ainst  in  lh<^ 
above  cause  to  the  intorniation  tiled  herein. 

1st.  The  .said  (dainiant  by  protestation,  not  eonfessin<x  all  or  any  of  th(^  matters  in 
said  aniende<l  information  contained  to  lie  true,  demurs  th  ■ctoand  says  that  the  said 
[natters,  in  manner  ami  form  as  the  same  are  in  the  infornuitiou  stated  and  set  forth, 
are  not  sullicient  in  law  for  the  United  Stat<!8  to  liiive  and  maintain  their  said  action 
for  the  forfeiture  of  the  iiro))erty  aforesaid. 

•Jd.  The  said  claimant  by  ])rotestatioii  denies  that  this  court  has  jurisdiction  to  de- 
termine or  try  the  (jnestiou  hereby  put  in  issue. 

;iil.  And  that  the  saitl  claimant  is  not  bound  in  law  to  answer  the  same. 

Wherefore  claimant  prays  that  said  information  may  be  dismissed  with  costs. 

W.  Ci.Ai{K  ik  I).  A.  Din(;mcy. 

J'roctors /or  Claimant. 

Vv'hich  demurrer  was  oveiTided  by  the  court,  and  ou  the  same  day 
was  filed  the  followiusr  answer: 


IN    TMK    UNMKD    STATKS    DISTRICT   COl  HT    FOIi   TUK    DISTKICT   OF    ALASKA. 

United  Statrx  vs.  J.  D.  Warren  and  schooner  "  Thornton."    Answer  of  claimant. 

The  answer  of  J.  I).  Warren,  owner  and  claimant  of  the  said  schooner  Thornton, 
lier  tackle,  apparel,  cargo,  and  furniture,  as  the  same  are  set  forth  in  the  information 
tiled  herein  in  behalf  of  the  United  States. 

And  now  comes  J.  D.  Warren,  claimant  as  aforesaid,  and  for  answer  to  the  said  in- 
formation against  the  said  schooner  Thornton,  her  tackle,  api)arel,  furniture,  and 
cargo,  as  no.t  forth  in  said  information,  says  that  the  said  schooner  Thornton,  her  tackle. 
ai)]>arel,  furniture,  and  cargo,  as  S(^t  forth  in  the  information  mentioned,  did  not  nor 
<lid  any  part  thereof  become  forfeited  in  manner  and  form  as  in  said  information  in 
that  behalf  alleged,  or  at  all. 

Wherefore  the  said  claimant  prays  that  said  information  ho  dismissed,  with  costs 
to  this  claimant  attached. 

W.  Clark  &  D.  A.  DixfiLicv, 

Proctors  for  Claimant. 

On  the  L'2nd  of  September,  1880,  were  tiled  the  following  exceptions 
to  answer: 

U.MTKI)    STATKS    DLSTHICT   COUItT,   DLSTIMCT  OK    ALASKA,   CNMTKl)   .ST.VTi:S   OF    AMKIilCA. 

United  States  va.  The  Sehooner  Thornton.      ^Vo.  50. 


<    H 


The  said  libellant  hereby  excepts  to  the  Hutliciency  of  the  defendant's  answer  here- 
in, on  the'  following  grounds: 

1st.  Said  answer  is  not  properly  or  at  all  v(>rifit!d  as  re(|nire(l  by  Riihi  27  of  the  U. 
8.  Admiralty  rules, 

■■ind.  Said  answer  is  not  full,  ex)dicit,or  distinct  to  (>aeli  or  any  allegation  of  the 
liliel  herein,  asreipiired  by  said  rule. 


46 


SKAL    FISHEKIKS    IN    I5ERING    SEA. 


II,; 


3r(l.  Siiiil  iiiiswia-  dot-s  not  deny  (tr  admit  any  of  tlie  allegations  of  fact  in  said  libel, 
hnt  nieri'lv  dtniies  a conchi^iion  of  law. 

M.    I).    15a LL   iV,   W.    H.    1'AYSON. 

J'roviors  for  lAhvUant. 
SKrTKMUKIl  21.ST,  la-iti. 

Wliicli  t'X(roi»tions  were  sustained  by  tlie  court  and  on  tlie  same  day 
was  tiled  tlie  following  amended  answer: 

I.\   TIIK    fMTKI)   STATKS    DISTIUCT   COURT    lUK   TlIK    DISTIUCT    OK    ALASKA. 

rnitcil  StatcH  VS.  J.  1).  Warren  and  Schooner  Thornton,     Amended  answer. 


To  tlie  Intnorahlc!  Lakaykttk  Dawson, 

Judijcof  the  United  Statvn  Distriet  Court  for  the  District  of  Alaska  : 

Hans  GnttorniHon,  master  of  the  sclioonor  Thornton,  intervening  for  tlie  interest  of 
and  in  behalf  of  .1.  ]).  Warn^n,  ownta*  and  claimant  of  said  aehooner  Thornton,  lior 
tackle,  apparel,  fnrnitnre,  and  cargo,  for  amended  answer  to  the  libel  of  information 
herein  against  said  schooner,  her  tackh;,  apparel,  furniture,  and  cargo,  alleges  as 
follows : 

Ist.  That  he  denies  each  and  every  material  allegation  in  said  libel  of  information 
contained, 

'-id.  Denies  that  the  said  schooner  Thornton,  her  tackle,  ajtpare],  farnitnre,  cargo, 
ami  the  proi)erly  aj)i)ertaining  thereto,  as  set  forth  and  described  in  said  libel  of  in- 
formation, or  any  ])art  thereol,  became  forfeited  to  the  United  States. 

;]d.  D(Miies  that  said  schooner,  her  captain,  oflicors,  and  crow,  or  .any  one  of  them, 
were  found  engaged  in  killing  fur  scial  within  the  limits  of  Alaska  Territory,  and 
within  the  waters  thereof,  in  violation  of  section  I'JfjO  of  the  Kevised  Statutes  of  the 
United  States,  as  set  forth  in  said  libel  of  information,  or  at  all. 

4th.  Denies  that  thej'  killed  any  number  of  fur  seal  or  other  fur-hearing  animals 
within  the  waters  of  Alaska,  or  the  Territory  of  Alaska,  or  iu  any  part  thereof. 

r)th.  That  all  and  singnlar  the  premises  herein  arc  true. 

Wherefore  said  master  prays  that  this  honorable  court  will  be  pleased  to  pronounce 
against  the  libel  herein,  and  that  the  same  may  be  dismissed  with  costs  to  the  claim- 
ants to  be  taxed. 

W.  Clahk  &,  D.  A.   DiXOI.EY, 

Proctors  for  Claimant. 

United  States,  District  of  Alaska,  ss  : 

Hans  Guttormson,  being  first  duly  sworn,  says  lie  is  master  of  the  schooner  Thornton, 
that  he  has  heard  read  the  foregoing  answer  and  knows  the  contents  thereof,  and  that 
tile  same  is  true  of  his  own  personal  knowledge. 

H.  Glttormsen. 

Subscribed  and  sworn  to  before  me  this  'J-id  day  of  September.  A.  D.  1880. 

Andwkw  T.  Lewis, 
Chrk  of  the  U.  S.  Dixt.  Court  fur  the  JUstrict  of  Alaska. 

On  tlie  4th  day  of  October,  18S0,  the  motion  cited,  page  5,  was  returned 
with  the  following  iadorsement : 

Sitka,  Dtslriet  of  Alaska,  ss  : 

lie  it  remembered  that,  in  oliedienci'  to  tlie  annexed  nioiiition,  I  hasi'  attached  the 
within  described  jiroperty  and  now  liuld  the  same  in  my  jiossession  subject  to  tin;  or- 
(U'r  of  this  honorable  court. 

And  I  have  given  due  notice  to  all  jiersons  claiming  said  ])ropeity  to  be  and  ai)])ear 
before  this  district  coiiit  on  (lie4tli  dav  of  October,  IS-iii,  at  10  o'clock  a.  in.,  if  the 
same  shall  lie  a  day  of  jurisdi('tioii,  otherwise  on  tluMicxt  day  of  Jurisdiction  thereaf- 
ter, then  and  there  to  niakt!  their  claims  and  allegations  iu  that  liehalf. 

And  I  hav(<  caused  sai<l  notice  to  be  piiblisheil,  .and  tli«^  same  has  been  ]iiiblished  in 
the  Alaskan,  a  lunvspaiier  puldished  at  Sitka,  in  said  disli-jct,  on  the  4tli  day  of  Sep- 
tember, issti,  and  in  each  issue  of  said  newsjiaiiCr  siiliseiiuent  thereto  until  4th  ilay 
of  October,  188(), 

Hahtkx  Atk.ns, 
Marshal  JJist,  of  Alaska. 

Sitka,  Alaska,  Octolnr  4,  ls8t). 


SKAL    FISIIEKIES    IN    lU'.KlNG    SEA. 


47 


On  the  same  day  was  tiled  the  following;  decree: 

IN    TIIK     rNlTKl)     STATKS    DISTIJICT    COfltT    IN   AND     I  OU     TIIK    DISTIilCT   Ol'   ALASKA, 

i;.NITI-.l)    STATKS    (iK    AMKliUA. 

rnilcil  f^ldlia  vs.  I'lic  Srlidoiiir   Tlionilon.     Ao.  '>((. 


'I'ho  maVHlial  liaviii;;  rctiiniod  on  tli(>  iiKinitioii  iNSiK'd  to  liiiii  in  the  alinvf-tMititlcd 
iiL'tion  tliat  in  oitedicnc*!  tlieicto  lie  lias  attaclifd  tliti  naid  scliooiu'r  Thornton,  licr 
lackli',  appart'l,  Itoals,  carj:!!,  and  I'nrnitnri',  and  lia.s  f;ivfii  dno  notict!  to  all  lUirHons 
claiming;  li»<!  hanic  to  ajuicar  Ixdoni  tiiis  I'onrt  on  tliis  Itli  flay  of  OctohiT,  1H-<(i,  at  10 
o'clock  a.  ni.,  at  the  district  of  Alaska,  I'^nitcd  .States  of  Aintirica,  tlicn  and  tlnTO  to 
i  n  tcr  post' t  lie  ii'cliiiniH  and  niako  » heir  alleviations  in  tliat  ludialf ;  and  lIans(jlnttorniatMi, 
tho.  captain  of  said  vessel,  liavinjj  herelolore  liled  a  claim  to  all  of  said  piopertyon  be- 
half of  J.  1).  V.'aiTcn,  of  \lctoria,  JS.  C,  the  owner  thereof,  and  nootlier  persons  hiivin;; 
appeared,  and  no  claims  or  alleyalions  haviny;  been  nnideor  filed  iiereiii  by  any  other 
person  or  iiersons,  and  the  usual  iiroclamation  havinj;  iieen  made,  and  said  cause 
liavin;;  been  heard  upon  the  ])leiidin;fs  and  prools,  M.  1).  Hall,  es(|.,  and  W.  H.  Pay- 
son,  esf).,  a|ipearin;;  as  advocates  for  said  lilieihint,  and  W.Clark  as  advocate  for 
said  claimant  ;  and  said  cause  h;ivin<^  been  submitted  to  the  court  for  decision,  and 
due  deliberation  iicing  had  in  theiireinises,  it  is  now  ordered,  sentenced,  and  decreed 
as  follows  : 

1st.  Tliat  all  jiersons  whatsoever  other  than  said  chiimant  be,  and  they  are  hereby, 
declared  in  contumacy  and  default. 

•Jnd.  Tliat  tlit<  said  sclioouer  Thornton,  her  tackle,  apparel,  boats,  and  furniture, 
and  li»!r  <'ar^o  of  40H  fur-seal  skins,  and  all  other  jiroperty  found  upon  and  apimrte- 
nant  to  said  schooner,  be,  and  the  same  are  hereby,  coudenined  as  forfeited  to  the  use 
i)f  the  United  States. 

;jrd.  That  unless  an  ajipeal  be  taken  to  this  decree  within  the  tiinie  limited  ami  ])ro- 
scribed  by  law  and  tlu!  rules  of  this  court,  the  usual  writ  of  venditioni  (>xpouas  lie  is- 
sued to  the  marshal  coinuiandinjjj  him  to  sell  all  of  the  said  jiroperty  and  brin^  the  ])ro- 
ceeds  into  thiscourt  to  be  distributed  accordin<;  to  law.  Costs  to  bo  taxed  are  awarded 
against  said  claimant. 

Lai^vyivitk  Dawson, 

JJinlrict  Judge. 

Dated  October  4th,  \^&i\ 

Done  in  open  court  this  4tb  day  of  October,  I'^^li,  at  Sitka,  district  of  Alaska,  United 
States  of  America. 


Clerk. 
On  the  same  day  was  tiled  the  following  motion  to  set  aside  decree  : 

IX   THK    UMTKO    STATKS   DISTRICT   COt'KT   KuR   TIIK   DIST15ICT   OK   ALASKA. 

Unitid  States  vs.  ./.  I).  If'arrcn  and  Schooner  "  Thornton.'''     Motion  to  fict  amle  decree. 

Now  couK*  W.  Clark  and  1).  A.  Dinjjley,  proctors  iuterveuinj^  for  iiiid  in  behalf  of 
tile  claimants  herein,  and  moves  the  court  to  set  aside  th(»  decree  rendered  herein  for 
the  reason  that  the  evidence  |iroduceil  mi  behalf  of  the  United  .States  is  wholly  insiif- 
licient  npcui  which  to  base  said  decree, 

\V.    Cl.AKIv    A:    D.    A.    DiNGLKV, 

I'roctom  for  Vlaimnut. 

Which  motion  was  overrnled  by  the  court,  and  on  the  same  day  was 
filed  the  followin.<!:  notice  of  appeal : 

IX    TIIK    L'XITKI)    ST.ATKS    DlsrillCT    COI'KT    Kdll    TIIK    DISTKU  T    OK    AI.ASK\, 

Vnitid  Slnti'n  vs.   /.  I).  If'arrrn  and  Sclioontr  "  Thornton.^'    Notice  of  appeal. 

And  now  couk;  W.  Claik  »t  D.  A.  Diii<^lev,  iwocfors  for  and  in  btdialf  of  the  claim- 
ant herein,  and  nolili(^s  this  honoral)le  eonrt  that  they  htn'eby  appeal  from  the  <lecree 
lendered  het.'in  to  the  circuit  court  havin;j  appellate  jurisdiction  over  this  district, 
and  that  said  a|ipcai  is  taken  (ui  i|uestions  of  law  and  fact,  and  i)rays  the  court  for 
ail  order  oil  its  clerk  to  jirepare  a  ci>in[ilcti'  tianscriiit  of  the  records  herein,  as  the  law 
retiuires, 

W.  Clark  &  D.  A.  Dixtu.KY, 

Proctors  for  Claimant. 


.  1 


«  '.• 


"f 


»,  I. 

J' 


48 


SEAL    FISIIKWIKS    IN    ItHUINO    SKA. 


i^ 


On  the  9tli  day  of  February,  1S87,  Wiis  entered  the  tbllowiii;;'  order  : 

III  Ihr  iiiiilirr  of  tlv  f'liilcd  Slulm  vs.  Srhnoiivr  Oiiininl,  I'lixc  .Vo.  •!!* ;  S:ilinoiirr  Tlionitoii, 
CiiHc.  So  r.d;  .Sfliooiwr  Citrolciid,  (.'use  Xo.  ii\  ;  Schnoiiir  San  J)iriii>,  Ciisv  .Vo.  T)"^  ;  .trnii 
(iikI  AmiiiHiiil'iiiii  Sclir.  Siirra,  .Vo.  ."»/  ;   .!/•//(.'  uml  .Iniiiiiinilivu  Sclir.  San  Dirrjo,  Xo.  5"^. 

Ill  tilt'  iil)OV(^  ciiiiscs,  ii)ioii  motion  of  tho  iittonicy  tor  tho  Uiiittul  Slato.s  iiiid  iir;;ii- 
liiciit  orcoim.si'l  for  tliij  IJiiifod  StatoH  and  Cor  the  iiitcrvoncrs  in  Maid  caiisi's,  and  con- 
Mid  i-yat  ion  l)y  tiiocoiiit,  it  is  til  is  day  ordered  I  Init  writs  of  vond  it  ion  i  exponas  do  is.sm- 
frmii  tlie  (deik  of  suiil  conrt  to  t  lie  inar.slial  of  said  district,  for  tiie  sale  of  tin-,  attached 
vessels,  with  their  tackle,  cai';i()es,  ami  t'nriiitnrc'  of  wlialsoever  desi'i  iption,  and  of 
the  iirins  and  annnnnil  ion  attached  in  said  canses,  and  as  to  said  attached  vessels  that 
the  sale  of  the  same  (e\-cei)t  tho  schooner  San  y>i(v/(/,  wlii(di  shall  l)e  sold  at  Sitka) 
Mliall  he  niad(!  at  INnt  'I'ownsi'nd,  in  Ihts  district  of  Washington  Territory,  and  as  to 
the  .seal  sUiiis,  part  <d"  the  car;;oeH  of  said  veH^els  attached,  that  sale  of  the  same  shall 
l)(!  niad(i  iit  San  Francisco,  in  tlui  district  of  California,  and  that  sale  of  said 
ficdiooner  Sun  Dkijn  and  all  the  otlu^r  attached  i)roi)crty  he  made  at  Sitka,,  in  the  dis- 
trict of  Alaska.  Thirty  tlays' notice  (d"  snch  sale  to  he  j.;ivcn  .at  ea(di  of  the  places 
■where  th(^  same  iiit»  to  ho  made,  hy  ])OHtiii}i  Hnch  notic(>,  or  l)y  puldicatioii  in  some 
newspaper  jiiihlislied  at  an(di  place:*  respectively.  And  that  said  marshal  do 
liave  the  moneys  arisinj;  from  such  sales,  toffether  wil  h  tlm  writ  cominandin;^  the 
same,  at  a  district  conrt  of  the  United  States  for  this,  the  said  district  of  Alaska,  to  he 
held  on  the  lirst  Monday  in  Septemher,  lHr^7,  and  that,  he  th(;n  pay  the  same  to  the 
tderk  of  said  court. 


CLKitK's  Oi-rici';  U.  S.  Disr.  CuriiT,  Disriticr  oi'  Alaska, 

Silkn,  JUarvh  10,  1887. 

1,  Andrew  T.  Lewis,  (derk  of  the  said  conrt,  do  certify  that  the  foi'e<j;oin<];  transcript 
of  th(^  record  in  the  case  of  the  United  States  r>i.  the  schooner  Tlninilon,  her  tackle, 
api)ar<d,  Ac,  on  liixd  of  information  pendinj?  in  saiil  court,  has  heen  compared  by  me 
with  the  oriijinal,  and  that  it  is  a  correct  transcrii)t  therefrom  and  of  the  whole  of 
Hindi  ori<;inal,  except  tin;  fail  text  of  the  exhibits  referred  to  in  the  testimony  tlr'rein, 
the  imrport  of  which  only  is  stated,  and  that  the  purport  of  said  exhibits  is  correctly 
statt^d,  as  tlm  same  appears  of  record  at  my  otiice  and  in  my  custody. 

Witness  my  hand  ami  the  seal  of  said  court  this  lOtli  day  of  March,  1887. 

[sKAL.  1     "  Andukw  T.  Lkwis, 

Clerk. 


No.  1."). 


Sir  L.  S.  Sacl-viUc  West  to  Mr.  Bayard. 

Washington,  August  11,  1887.    (Received  August  12.) 

Sir:  I  liave  the  liouor  to  inform  you  that  Her  Id ajesty's Government 
liave  receivetl  a  teU>oram  from  the  commander-in-chief  of  Her  Majesty's 
naval  forces  in  the  Pacific,  dated  Victoria,  liritish  Coluiid)ia,  August 
7,  reporting  tlie  seizure  by  United  States  cruisers  of  three  British  Co- 
lumbiiui  sealing  schooners  in  Behring's  Sea,  along  distance  from  Sitka, 
and  that  several  otlier  vessels  were  in  sight  being  towed  in. 

In  conveying  tliis  infornuition  to  yon,  I  am  requested  at  the  same  time 
by  the  ^Ituquis  of  Salisbury  to  state  that,  in  view  of  tlie  assurances 
given  in  your  note  of  the  3d  of  February  last.  Her  Majesty's  Govern - 
nient  hatl  assumed  tliat  pending  the  conclusion  of  discussions  between 
the  two  governments  on  general  questions  involved,  no  further  sei>.ures 
would  be  made  by  order  of  the  United  States  Government. 
I  hiive,  etc., 

L.  S.  Sackville  West. 


SEAL    riSHKRIHS    IN    HKKIN(;    SKA. 


40 


No.  10. 

Mr.  liiitiavd  to  Sir  L.  S.  Snclirillc  West. 

Dki'Artmknt  of  State, 
\V((.shiii</t(>n,  Auijust  1.'5,  ISST. 

Sill:  I  Iiiivo  i\\K\  lioiior  to  a(!kii<)\vli'<l;i<'  tlio  receipt  ol". your  note  of  llie 
lltli  iiistiuit,  received  yesterday  iil'teriiooii,  iiilorinin;^'  me  ol  a  telej,aaplii(', 
eomiinmieation  fioiii  tlie  comiiiander-iii  (tliief  of  Her  Majesty's  naval 
forces  in  the  Tacilic,  <lated  at  A'ictoria,  British  Cohnnhia,  An<;iist  7,  re- 
jioi'tinj;"  the  seizure  of  three  British  Cohnnbian  sealinj,'  sciiooners  "  in 
l>ehrin;>'  Sea,  a  lon^  <listance  from  Sitka,"  and  tlnit  '"several  other 
vessels  were  in  si<iht  heinji"  towed  in." 

The  reference  to  my  note  to  you  of  the  3d  of  l'\'l)ruary  last,  which 
you  make  under  the  instruction  of  the  ]\lar«iuis  of  Salislniry,  has  caused 
i.io  to  examine  the  exi)ressious  contained  therein,  and  I  cau  discover  no 
{jjround  whatever  for  theassumption  by  Her  Majesty's  (lovernment  that 
it  contained  assurances  "  that  pendinj;'  the  conclusion  of  discussions  be- 
tween the  two  (Tovernmeuts  on  f^eneral  questions  involved,  lu)  further 
seizures  would  be  made  by  order  of  the  United  States  (lovernment." 

Until  your  note  of  the  11th  instant  was  received,  1  had  no  informa- 
tion of  the  seizure  of  the  sealin<;"  vessels  therein  relerred  to,  and  have  no 
knowledge  wiiatever  of  the  circumstances  under  wlii(!li  sucli  seizures 
have  been  made. 

I  sindl  at  on(;e  endeavor  to  supply  myself  with  the  information  lu^c- 
essary  to  enable  me  to  re])ly  to  you  more  fully. 

The  cases  of  seizure  relerred  to  in  my  note  of  l-'ebruaiy  ;?,  1SS7,  had 
oi'curi'cd  duriiifj  the  pnn'ious  Auj;ust,  and  upon  the  basis  of  the  infor- 
mation then  obtained  1  wrote  you  tis  follows  : 

111  tliis  coiinoctioii  I  tako  tlio  occiiHidii  to  iiifoi'iii  yoii  tliat,  witliDiit  concliisioii  at 
I  Ills  t  im(M)f  any  (|ii('st  ioius  wliicli  may  lie  IoiiikI  lo  lie  involved  in  1  liisc  caM's  of  sci/mt", 
iinlcrs  have  btuMi  issued  liy  tins  I'li'sidcnl's  direct  ion  tor  (lie  discMutinnancc  ot"  all 
iicndinjr  proci'cdinjfs,  Ihi^  dis(diar^<^  of  tlie  vessels  referred  to,  and  the  release  of  all 
persons  iinilca"  arrest  in  connection  tliei'cwilli. 

llaviuft"  no  reason  to  anticipate  any  other  seizures,  nothinjj  was  said 
in  relation  to  the  possibility  of  siudi  an  occurrence,  nor  do  I  find  in  our 
correspondence  on  the  subject  any  }j;rouiuls  for  such  an  understandiufi' 
as  you  inform  me  had  been  assumed  to  exist  by  Her  Britannic  ^Majesty's 
(lOvernment. 

A  short  time  since,  when  you  called  upon  mo  and  ])ersonally  obtained 
co])ies  of  the  record  of  the  judicial  proceedinjjs  in  the  three  cases  of 
seizure  in  August  last  in  Behrinj;-  Sea,  nothino-  was  said  in  relation  to 
other  cases.  Whether  the  circumstances  attendani  upon  the  cases 
which  you  now  report  to  me  are  the  same  as  those  which  induced  the 
Executive  to  direct  the  releases  referred  to,  r'Mnains  hereafter  to  be 
ascertained,  and  this  with  as  little  delay  as  the  circumstances  will 
1  term  it. 

I  have,  etc.,  T.  F.  JUyaud. 


iV 


.  •» 


Xo.  17. 
Marquis  of  Salishur!/  to  Sir  L.  S.  SacJccille  West.* 

Foreign  Office,  September  10,  188V. 

Sir:  By  a  dispatch  of  the  3()th  October  last  (No.  214)  the  late  Earl 
of  Iddesleifjh  instructed  you  to  call  the  attention  of  the  United  States 

•Lett  at  tlie  Deiiartnient  of  State  by  Ij-ir  L.  S.  Sackville  West,  Sept.  23,  IS-s/. 
S.  Ex.  100 4 


'      r   ; 

.# 


r)0 


SEAL    FISIIEKIES    IN    lU'.RINC;    SEA 


Sc(M('tar,v  of  Stale  to  the  circmiistiuiccs  of  tlie seizure  in  IJeliriiiji's  Sea, 
by  the  Anieiicaii  cniiser  rv>v/r/»,  of  some  Hritisli  ('aiiadiaii  vessels;  and 
iiis  lordship  directed  .voii  to  state  to  Mi'.  Seirretaiy  l»avard  that  Ilei' 
Majesty's  (ioveiniiieiU  f(dt  sure  that  if  the  pioeeediii^^s  \vlii(  h  were  r»'- 
jiorted  to  have  taken  place  in  the  L'luted  States  distiict  conit  wei'e  cor- 
rectly described  the  I'liited  States  ( iovernnienl  would  admit,  their  ille- 
;>ality,and  would  cause  reasonable  reparation  tobeniad(>  to  the  liritish 
subjects  for  the  w  ronj^s  \o  which  they  had  been  subjected  and  for  the 
losses  which  they  had  sustained. 

JJy  a  pievious  dispatch  of  the  Otii  September,  you  had  been  desired 
to  ask  to  be  fuinished  with  any  particulars  which  tla^  llidted  States 
(JovernnuMit  mi;:ht  jaisscss  relative  to  the  seizures  in  question;  and 
on  the  loth  October  you  were  instructed  to  eider  a  )U'oti*st  on  behalf 
•)f  Her  Majesty's  (Jovernnient,  and  reseive  far  eonsi<ic-ration  hereafter 
all  rights  to  compensation. 

Neaii,\  lour  months  havinji'  elapsed  without  any  delinite  ildbrmation 
beinj-'.  jurnished  by  the  I'nited  Slates  (lovernment  as  to  tlu^  ;j:rounds  of 
the  seizures,  my  predecessor  instructed  you,  on  the  Sth  of  .June  f.Jan- 
uaiy  .'I  last,  to  e\p>  ss  to  iMr.  Jiayaid  the  concern  of  Her  iMajesty's 
(lovernment  at  the  d  day,  and  to  urj^e  the  immediate  attention  of  the 
rnited  States  (lovei  imeiit  to  the  action  of  the  American  authoi'ities  in 
their  treatment  of  tl  I'se  Ncssels  and  of  their  niasti'is  and  crews. 

On  the  3d  Febriia  y  'Slv.  ]>ayard  infoinied  you  that  the  record  of  the 
judicial  i)roc<'e<liii;;f  which  he  had  «'alled  tor  was  shortly  <'.\pect(Ml  to 
reach  AVasiiinj;ton,  and  that,  without  conclusion  at  that  time  of  any 
»lueslions  which  mi<;ht  be  found  to  be  involve«l  in  these,  cases  of  seizures, 
orders  had  been  issued  by  the  President's  direction  for  the  discontinu- 
ance of  all  pendin;^  proceedinj^s,  the  dis(;har<;e  of  the  vessels  referred  to, 
and  the  release  of  all  i)ersons  under  arrest  in  connection  therewith. 

On  the  4tli  of  April,  under  instnuitions  from  me,  you  inipiired  of  Mv. 
Bayard,  in  \  iew  of  the  approaching;'  lishinj;'  season  in  J^elaiiiji's  Sea, 
whether  the  owners  of  JJritish  vessels  mi};ht  rely  when  not  near  land  on 
bein.n'  unmolesicd  by  the  crnisers  of  the  I'nited  States,  and  you  aj^ain 
asked  wlieii  the  rei-oi'd  of  the  judicial  ))roce«'dinffs  mi^lit  l)e  expec.ted. 

Mr.  r>ayard  informed  you,  in  reply  (iL'th  April),  that  the  ])apers  r*'- 
ferred  to  had  i'eache<l  him  and  were  bein^  examined;  that  there  had 
been  unavoidable  delay  in  franiinjj:  ai)propriate  rejjjulations  and  issuing' 
orders  to  the  United  States  vessels  to  i)olice  the  Alaskan  "waters;  that 
the  Revised  Statutes  relating:' to  Alaska,  setitions  11)5(1  and  1!>71,  con- 
tained the  laws  of  the  United  States  in  relation  to  the  matter;  ami  that 
the  reji'ulations  were  bein<;  considered,  and  he  would  inform  you  at  the 
earliest  day -possible  what  had  been  decided,  so  that  British  and  other 
\essels  mi>;ht  iiovern  themselves  accoidiiij;ly. 

In  Vi;'W  of  the  statements  made  by  31r.  JSayard  in  his  note  of  the 
3d  February,  to  which  I  iiave  referred  above,  Iler  ^Majesty's  (lovern- 
ment assunu'd  that,  ixMidin;;  a  conclusion  ot  the  discussion  between 
the  two  (iovernmentson  the  ,i;eneral  (piestion  involved,  no  further  simi- 
lar seizures  of  IJrifish  vessels  would  be  made  by  order  of  the  United 
States  (iovernment.  They  learn,  however,  from  the  contents  of  Mr. 
Bayard's  note  of  the  l.'ith  ultimo,  inclosed  in  your  dispatch,  >.'o.  L'ir>,  of 
the  l.'ith  ultimo,  that  such  was  not  the  nieaninn'  which  he  intended 
should  be  attached  to  his  communication  of  the  lid  February  ;  and  they 
deeply  ref^ret  \o  find  a  proof  of  their  misinterpretation  of  the  intentions 
of  the  United  States  Government  from  an  announcement  recently  re- 
ceived from  ihe  conimanderinchief  of  Her  ^Majesty's  naval  foi'ces  in 
the  racific,  t.iat  several  more  British  vessels  engaged  in  .'seal  hunting 


at 


SKAL    FISHKHIKS    IN    UKKIN(}    SKA. 


51 


in  I'.chriny's  Sea  have  liccii  seized  when  a  h)n;;' distance  fVoni  hind  l)yan 
Ai        <'an  revenue  vessel. 

Miijestv's  (loveniinent  have  carefully  eonsidi'ied  the  transcript 
record  of  the  judicial  proceeding's  in  the  I'niti'd  States  district  court  in 
the  several  <'ases  of  the  schooners  ('(irolina,  Onicaril,  and  'I'lunnton, 
which  were  communicated  fo  yon  in  .Inly,  and  weni  transmitted  to  mo 
in  your  dispatcli,  No.  HKI.  of  the  iL'th  of  that  month,  and  they  can  not 
lind  in  them  any  Justilication  for  the  con<lenination  of  those  vessels. 

The  lilx'ls  of  information  allejic  that  they  wen'  si'ized  for  killinji"  I'nr 
seal  within  the  limits  of  AlasUa  Tcnifory,  and  in  the  waters  thei'cof,  in 
violation  of  section  lOati  of  the  IJevised  Statutes  of  tlu^  l'nitc(l  States; 
and  the  UnittMl  States  Naval  ('onunander  Abbey  (M'rtaiidy  allirmed that 
the  vessels  were  seized  within  the  wateis  of  Alaska  an(l  the  Territory 
of  Alaska,  but  acrcordinj;  to  his  own  evidence,  they  were  seized  1~>,  115, 
and  70  miles,  respectively,  south-southwest  of  St.  (rcorji'e's  Island. 

it  is  not  dispnt«'d,  therefore,  that  the  seizures  in  (piestion  were  eilected 
at  a  distance  from  land  far  in  excess  of  the  limit  ot"  maritime  Jurisdi(!- 
tion,  whi(!h  any  nation  (sin  claim  by  intermitional  law,  and  it  is  hardly 
necessary  to  add  that  such  limit  can  not  be  enlarji'cd  by  any  mnni(!ipai 
law. 

The  claim  thus  set  ii])  api)ears  to  be  founded  on  the  exiM'ptional  title 
said  to  have  been  convey«'il  to  the  tJnited  States  l)y  IJussiaat  the  time 
of  the  cession  of  the  Alaska  Territ(uy. 

The  pretension  which  the  Russian  (iovernment  atone  time  put  forward 
to  exclusive  jui'isdi(!tion  over  tiie  whole  of  iJehrin;^'  Sea  was,  however, 
never  admitted  either  by  this  country  or  the  Cnitcd  States  of  Ameiicia. 
On  the  contraiy.  it  was  strenuously  resisted,  as  I  shall  i)i'esently  show, 
and  the  American  (Iovernment  can  hardly  claim  to  have  received  from 
Kussia  rij;hts  which  they  declared  to  be  inadmissible  when  asserted  by 
the  Iiiissian  (Iovernment.  Nor  does  it  appe;i  from  the  text  of  the 
treaty  of  1S(I7  that  Russia  either  intended  or  i)ur[)()rted  to  make  any 
such  jirant,  for  by  vVrticle  I  of  that  instrument  Russia  ajjreed  to  c(Mle 
to  the  United  States  all  the  tenitory  and  dominion  then  possessed  by 
Kussia  "on  the  continent  of  America  and  in  the  adjacent  islands" 
within  certain  jicoffraphical  limits  described,  and  no  mention  was  made 
of  any  exclusive  rijjfht  over  the  waters  of  iJehriufj'  Sea. 

]\loreovei',  'vhatever  rifjhts  as  rej^ards  their  respective  subjects  and 
citizens  may  be  recipro(!ally  conferred  on  the  Russian  and  American 
(lovernments  by  treaty  stiimlation,  the  subjects  of  Her  Majesty  can  not 
be  thereby  alfected,  except  by  si)ecial  arran^iement  with  this  country. 

With  re<;ard  to  tlie  ex(!lusive  claims  advanc(ul  in  times  ])ast  by  Rus- 
sia, I  transmit  to  yon  documents  communicated  to  the  United  States 
(Joufiress  in  l.SL'l',  wliiidi  show  the  view  taken  l»y  the  American  Govern- 
ment of  these  jnetensions. 

In  1S21  tlu'  kmperoi' of  Russia  had  issued  an  edict  establishin<;  "rules 
for  the  limits  of  navij^ation  and  order  of  communication  aloiif;  tlie  coast 
of  the  eastern  Siberia,  the  northwestern  coast  of  America,  ai».vl  the  Aleu- 
tian, Kurile,  and  other  ishnms." 

The  nrst  section  of  the  edict  said  : 

Tlie  pnrsnit  of  roiiitiierco,  wlialiny:,  ami  lisliinji',  iiiul  of  all  other  industry  on  all 
islands,  ports,  and  uulfs,  imdndinji-  tlio  wliolc  of  tin-  noitiiwcsl  coast  of  America,  l»f- 
Kinnini^  from  I?' i.iiini;- Straits  to  tlie.'jlst  <li'i;ift' of  nortlicrn  lat itndu  ;  also  from  tlni 
Alcniian  I.slan('S  t(.  tlie  eastern  coast  of  Siberia,  as  well  as  jiloii;^  tlie  Kurile  Islands 
from  l)(dirin<];  Straits  to  tlu!  south  t'ajie  of  the  Island  of  I'mp,  vi/,  to  the  1.")^  r)U' of 
nortlicrn  latiiude,  is  excdusively  <{ranted  t(»  Russian  Hiil)jeets. 


.   1 


:'  f* 


52 


SKAL    FI8IIERIKS    IN    I'.KKlNfi    8K.\. 


And  soetioii  J  stated  : 

It  iH,  tlicrcfoir,  proliihitffl  to  all  (orci;:"  vessel-;,  no!  only  to  laiul  (!>>  (lie  cojist  and 
isijinils  lieloii;;iiiii  to  K'ussia,  as  stated  i-oo'.c,  Itiu  also  to  approaeli  tlieiii  within  lesi* 
tlian  loo  Italian  miles.  'I'jie  t  raii>^u  .^.sor's  vessel  is  siiliject  to  eoiiliseatioii,  a!(tnjr 
'A  itli  tliu  wliolc!  ear;;<). 

A  copy  or  tiicsc  i«'j;uliitions  was  odicially  (■oiiitiniiiiciitcd  to llie  Ainori- 
caii  Si'ci'Clar.v  of  Stale  liy  llie  liiis.sian  minister  at  Wasliiii.'r'^oii  on  the 
1  Wli  Fehiiiary,  18-JL',  \v!ier('it]i(ni  ^Ir.  (ijuiiicy  Adams,  on  tlie'  itli  of  that 
month,  after  intonniii^'  liim  thattlie  IMesidi'iit  of  tlie  United  Stiitesliad 
seen  with  surpiise  iht^  sisseition  of  a  territorial  chum  on  the  i)ai't  of 
K'nssio  extendinjr  to  tiie  hlly-tiist  debtee  of  noi  th  hititiidc  ::•!  the  Amer- 
ican continent,  aiul  a  re;jnlal!on  interdictin^i"  to  all  comme:'('ial  vessels 
othei'  than  Knssian  npoii  the  penr.'fy  of  seiznre  and  (!onlisi;;<Mon  the 
ai)i>roach  npon  the  liij;li  seas  within  101.'  Italian  niiles  of  the  shores  to 
which  that  claim  was  made  to  apj)l.\,  .vent  on  to  say  that  it  was  ex- 
pected, beloieany  act  wnich  slajiild  deiine  the  honmlaiy  between  the  ter- 
ritoriv«  of  the  United  States  and  Jiiissia,  that  the  same  wonid  have  beei! 
arraiijicd  by  treaty  between  the  ])arties,  and  that  "to  ex'diide  the  ves- 
sels of  American  citi/cns  Ironi  tlieshore  beyond  the  ordinary  distanceto 
which  territorialjurisdicrioncxtended  hasexeited  still  }>reater  surprise;" 
and  V.v.  Adams  asked  whether  the  Knssian  minister  was  a>ithori/ed  to 
.i.',ive  explanations  ot  the  -'  j^ionnd  of  ri;;id  upon  ])rinciples  jnenerally 
recognized  by  the  laws  and  nsa<;es  ol  nations  which  can  warrant  the 
claims  and  rcmdatioiis." 

Tht^  K'lis.vian  mini>h'i'  in  his  I'cply,  dated  the  L'Slh  l''el>rnary,  after ex- 
plainin^j  how  Knssi:'  had  acrpiired  lief  jxtssessions  in  ><'orth  America, 
said: 

1  on;;lit,  ill  tlie  last  ]>laee,  to  request  yoi:  to  coiisiilef.  sir,  tliat  tliei  Knssian  posses- 
sioiis  ill  tile  i'aeilie  Oeeun  extend  on  the  northwest  coast  ol"  Anierica  Iro'n  liehrii  ;;'s 
Strait  to  the  .'ilst  de^^ree,  il'  iio.th  latitude,  and  on  the  ojijiosite  sidi^  of  Asia  and  the 
islands  ;id  jaet'iit  (Vomi  the  same  st  rait  to  I  he  l.^t  h  de;;ree.  'the  extent  of  sea  ol'  wliieh 
t  liese  ]i(is.>essions  form  the  limits  eoniiirtdii'nds  all  the  'oiidit  ions  whi  h  are  ordiiiaril  v 
at  taidied  to  sliiit  seas('  mcrnj)'nii(rfi'),  and  the  linssian  (io  vein  men  I  mijiht  ('onsei|neiit  1  y 
jnd^c  itself  aniliorized  to  exercise  upon  this  sea  tin' rij^ht  of  Hovereinnty,  and  eiii>e- 
ciall\  (hat  of  entirely  interdietinj;' the  entrai:ce  of  fe:.;i<tn(4\s ;  hiit  it  jireferred  only 
iissurtiiiij;  its  csseutial  ri;j;htM  without  takiiij;  advaiitago  of  localitit.'s. 

On  the  'M)\h  March  ]\Ir.  A(huns  replied  to  the  ey})Ianations  jiiven  by 
the  Knssian  minister.  Jle  stati'd  that,  with  r«-.-;|»ect  to  the  pretension 
advanced  in  regard  to  territory,  it  must  be  considered  notoidy  with  lef- 
er(  nite  to  the  (piestion  of  territorial  rights,  but  also  to  that  ]>rohibi<ion 
to  i\w  vessels  of  other  nations,  inclndin^.^  those  of  the  United  Slates,  to 
approach  within  lt»()  Italian  miles  of  the  coasts.  That  from  the  ))eriod 
of  the  existence  of  the  United  States  as  an  indei)endent  nation  their 
vt'sscls  Inul  freelv  navigiitetl  these  seas,  the  right  to  navigate  them  be- 
ing' a  part  i)f  tlmt  independencie  ;  and  with  rej^ard  to  the  sug^gfestion  that 
"  the  Kiissiau  Government  miglit  h}i,ve  jnstitied  tlie  exercise  ofsover- 
eig:nt,v  over  the  I'acMtic  Ocean  tis  a  close  sea,  '  because  it  (claims  territory 
both  on  its  American  and  Asiatic  shores,'  it  nniy  snllice  to  say  that  the 
distamie  fron-  shore  to  shore  on  tliM  sea,  in  latitnderio  north,  is  not 
less  than  00°  of  long^itnde  or  4,000  <iiiles."'  Mr.  Adams  conclnded  as 
follows: 

Th"  I'resident  is  ]K>rsna(led  that  the  oiti/.ons  of  this  Union  will  remain  mimole.sted 
in  the  prosecution  of  their  lawful  ;'oiniii(rce,  and  that  no  etfect.  will  he  ;;iven  to  au  in- 
terdiction manifestly  iucoinp.ilihh^  with  their  rij;hts. 

The  convention  between  the  United  States  of  Aruerica  atid  Knssia  of 
the  17th  April,  1.S2I,  ]>nt  an  end  !>)  any  farther  pretension  on  the  jiart  of 


SEAL    FISHERIES    IN   P.ERING    SEA. 


53 


'r. 


Uussia  to  restrict  r.avi<,fation  or  fisliitift'in  lU'hriiif;  Sen  so  far  as  Aineri- 
Ciiii  citi/ens  were  coiieenied;  for  by  Article  1  it  was  i'jjreed  that  in  any 
l)art  of  the  (heat  (Jceaii,  cotninoiily  called  the  l*a<;ilic  Ocean  or  Soiitli 
Sea,  the  respective  citizens  or  subjects  of  the  hij^h  <!on tract inj;  ])ower.- 
shall  neither  he  disturbed  nor  restrained,  eitlier  in  na\'i,''atit»ii  or  dsh- 
in^",  savini;  (pertain  restrictioJ!.^  \vlii(;!i  are  not  material  to  tlu^  pi'  'S(Mit 
issue;  and  a  similar  stipulation  in  the  convention  iierwec::  this  country 
and  IkUssia.  in  tlu^  fcllowinj;  year  (15th  May,  ISlT)),  put  an  end  as  re- 
jjarded  British  subjects  to  tlie  i)retensioi' •*  of  Russia  to  which  I  have 
referred,  and  which  ha<l  been  entirely  rei)udi;Med  by  Her  Majesty's 
(jovernment  in  c'MTcspondence  with  the  Russian  (Jovernment  in  bS21 
ami  ISL'2,  which  for  your  more  particular  information  F  inclose  herein. 
Her  Majesiy's  Governmeirt  feel  sure  that,  in  view  of  the  considera- 
tions wliicdi  I  h;vve  :;et  forth  in  this  dispatch,  wuich  you  will  communi- 
(tate  to  ^Ir.  I'.ayard,  the  (lovernmeiit  of  the  I'liited  States  will  admit 
that  the  seizure  and  condemnalion  of  these  Hrit.sh  vessels  and  the  im- 
])risoiMnent  of  their  masters  and  crews  were  not  warranted  by  the  cir- 
cumstances, an<l  tnat  they  will  b(^  ready  to  alford  leasonablc  compen- 
sation to  those  wh(>  have  sulfered  in  consi'tjucnce,  and  issue  immediate 
instructions  to  their  naval  oilicers  which  will  i)revent  a  recurrence  of 
these  rei^n  ttable  incidents. 
I  am,  etc., 

Salisiu  iiv. 


No.  IS. 


.S'//-  L.  S.  ,S(tcl:rillc  West  to  Mr.  lUiyard. 

^.KiTTsii  Legation, 

Wosh'nuftoti,  S>'i)temhet  !'!>,  1SS7.     (Ueceived  September  L'9.) 

Sill:  1  ha\'  the  honor  to  inl'onu  y.)u  that  Ib'r  .Majesty's  Government 
have  been  <»iii«MaIly  informed  tliatt'.ii  British  vessels,  mentioned  in  your 
note  ot  me  ."M  of  l-'ehniary  1;:  1,  have  not  been  released,  and  that  I  am 
instructed  to  incpiire  t!u'  reason  for  tht^  delay  in  (ioinplyin;,^  witli  the 
orders  sent  to  this  elfect,  as  staled  in  your  above-men! ione<l  note. 
I  have,  etc., 

L.  S.  SacivVii-le  West. 


No.  l'.». 


.  < 


Sir  L.  »S'.  Sdckrille  Wrst  to   Mr.  linj/ard. 

WASiiiNciTON,  October  4, 1887.     (Received  October  o.) 
Sir:   liiav  the  honcr  to  inclose   hermvith  a  left  r  addresse(l  to  the 
Unitt'd  States  distiict  attorney  an<l   Uniteil  States  marshal  at  Sitka, 
which  has  been  fovwarded  to  me  by  vh«>  ptverrior  jjeiieral  of  Canada  for 
IransmissioM  to  you. 

Lord  liaKsdowne  states  that  this  lett;>r  cami^  into  th(5  possession  of 
the  Canadian  {joverunuMit  throuj::h  the  captain  of  the  sealin*;  schooner 
Alfred  Adams,  to  whom  it  was  tjiven  by  thi'  first  lieiitiuiant  of  the  United 
States  revenuec'itter  h'ichitrd  Hush,  after  boanliii}^  the  said  schooner 
and  cuutiscatin^  the  skins  aiul  arms  contained  in  her. 


54 


SEAL    FISIIERIP:S    in    15ERING    SEA. 


IJis  excellency  ad<ls,  by  wny  of  explanation,  that  the  envelope  of  the 
letter  which  is  desijribed  by  tlie  minister  of  marine  in  the  report  trans- 
niiiting  it  as  sealed  and  unopened  appears  to  have  been  worn  through 
at  one  end  in  transmission  by  ])ost. 
1  have,  etc., 

L.  S.  Sackville  West. 


it 


[Inclosure.] 

C(q)Uiin   iilieiHird   tu  llic    (iiilcil  Stuta  dixtrirt   utionui/  and    L'nilid  ^taU>t  indrshal   of 

Alaxka. 


Xo.  20. 


Mr.  Baijard  to  Mr.  (larland. 

lJKrAIlT:\IKNT   OF    STATE, 

Wasliiiifitoif,  October  7,  1887. 

Sir  :  I  hav«^  the  honor  to  transndt  to  you  herewith,  for  your  inlbrina- 
tion,  a  copy  of  a  note  to  this  l)ep;irtment  from  the  British  minister  at 
this  capital,  inclosing  a  letter,  aiMressed  to  the  I'liiled  States  district 
attorney  aiul  the  llnite<l  States  marshal  at  Sitka  ;  and  stating  the  man- 
ner in  whi(!h  it  reached  the  ininistei's  hands. 
1  have,  etc., 

T.    F.    P.AYAKI). 


No.  21. 

Mr  Bayard  to  Mr.  Garland. 

Department  cv  State, 
W<(,shin(itoit.  October  8,  1887. 

Sir:  ^Vith  reference  to  the  copy  of  your  t-  legram  of  the28thof.Iaiuiary, 
which  accompanied  your  letter  of  thu  21st  of  IMay,1887,  to  this  Dejtart- 
ment,  relative  to  the  order  issued  by  you  for  the  release  of  the  liritish 
sealing  vessels  Carolina,  Onwanl,  and  Thornton,  I  have  now  the  honor 
to  inclose  herewith,  for  your  information,  a  copy  of  a  note  from   Sir 


SEAL    nSHERIKS    IN    HEFIXG    SEA. 


55 


Lionel  West,  Ilcr  ilritaiiuic  .Majesty's  minister  at  this  capital,  in  which 
it  is  aHe<;e(l  that  the  vessels  in  (juestion  liave  not  been  released. 

In  view  of  the  fact  the  minister  was  informed,  on  the  .'Jd  of  February 
last,  that  the  order  for  the  discharge  of  the  vessels  referred  to  had  been 
issued,  I  shall  feel  much  obli<>ed  if  you  will  kindly  (raus(»  this  Depart- 
ment to  be  furnishe<l  with  such  information  as  will  enable  me  to  reply 
fully  to  Sir  Lionel  "West's  note. 


1  have,  etc. 


T.    F.    IIAVAKD. 


No.  '2: 


Mr.  Ilajiard  to  Sir  L.  S.  Snclcrille    Woit. 

])KPAliT3[ENT   OF   STATE, 

Washiiu/ton,  October  11,  1.S87. 

Srii :  1  have  the  honor  to  ackuowledjje  your  note  of  the  -0th  ultimo, 
st;>tin{;  that  Her  ^Lijesty's  Government  had  been  oHicially  informed 
that  the  Jiritish  vessels  referred  to  in  my  note  to  you  of  the  ."Jd  of  Feb- 
ruary last  had  not  been  released,  and  <iskin,u'  the  reason  ♦or  the  delay 
in  complyinj;  with  the  orders  of  the  Executive  in  that  re<:;ard. 

U])on  receivinjiwour  note  (  at  om;e  wrote  to  my  collea<;iie,  the  Attor- 
lu'yCJeneral,  as  tiie  head  of  the  Department  of  Justice,  in  (tider  tliat  I 
mij^ht  be  enabled  to  reply  satisfactorily  to  your  imiuiry. 

I  am  still  without  answer  from  him,  which,  when  re(!eived,  shall  be 
promi)tly  communi(!ated  to  you. 

Li  the  meantime,  in  ucknowledjjing  your  note  I  take  occasion  to  slate 
my  impression  that  if  the  three  vessels  sei/.ed  and  ordered  to  be  re- 
leased have  not  been  repossessed  by  their  owners,  it  is  not  because  of 
any  hindrance  on  the  ])art  of  any  odlcial  of  this  Government,  or  failure 
to  obey  the  order  for  release,  but  probably  be(?ause  of  the  ivmoteness  of 
the  locality  (Sitka)  where  they  were  t;''  en  after  arrest  for  adjudication, 
and  the  proceedings  haviii<j  Ix^en  in  rem,  the  owu<'rs  have  not  seen 
proper  to  proceed  to  Alaska  and  repossess  them-  \'es  of  the  proi)erty 
in  (|uestion. 

Accent,  sir,  etc., 

T.    Iv    l;VYARD. 


Xo.  2u. 

Sir  L.  S.  SacJcville  West  to  Mr.  IhiyimJ. 


'•y, 


WAsntNGTOX,  October  12,  1S87.     (Ileceived  October  L').) 

SlU  :  In  conne<!tion  with  the  representation  which  I  was  instructed 
to  nuike  to  you  respectinj;  the  8«'i/ure  of  the  Dritish  schooners  Onward^ 
Car  'inn, nnd  Thornt(>ii, hy  \\h'  United  States  cruiser  ro>/c/y/,  in  Behrinj;'.s 
Sea,  I  have  the  honor  to  inform  \ou  that  I  am  now  further  instru(;ted  to 
make  similar  representations  in  tin'  (lases  of  the  llritish  (.'olumbiaii  ves- 
sels Grncc,  Dolphin,  and  U'.  /'.  Sniiirard,  s(M/ed  lately  liy  the  United 
States  revenue-cutter  Uichord  L'u.sit,  ivul  at  the  same  time,  as  in  the 


JlO* 


SEAL   FISHERIES    IN    BERING   SEA. 


cases  of  the  Onirard,  ('arnllna,  and  Thornton,  to  reserve  all  liglits  to 
coiui)eusatioii  on  behalf  of  the  owners  ami  crews. 

I  ai.i  also  instrncted  n.  i)()int  out  to  .vou  that  accordinf;  to  thedei)osi- 
tion  of  the  mate  (*f  the  U'.  P.  Scn/icar<l,  a  copy  of  which  is  inclosed,  no 
seals  had  been  taken  by  her  crew  in  iJehrinff's  Sea,  as  is  alleged  in  the 
libels  of  information  tiled  on  behalf  of  the  United  States  district  attor- 
ney in  the  district  court  of  Alaska. 
1  have,  etc, 

L.  S.  Sackville  West. 


o 
u 

re 


[Inciosiire.  | 
Dvposiiioii  of  .tiiilinv  lAiiig,  ntntc  of  the  schoomr  JV,  I'.  t^aijtroKl. 


l)K('I,AI!ATION. 

I.  Aiiilicw  Laitjj,  of  N'ictorii),  mates  (if  tlic  Miitisli  sfliooiicr  IV.  /',  Sdiiirnrd,  tlo  s(»l- 
emnly  aiitl  Hiiiccrely  (h'claro — 

'I'liiit  I  It'ft  Victoi  ia,  liritish  Columliia,  in  tlio  scliooiior  M'.  /'.  Siniir(trd  on  the  KItli 
(lay  iif  May,  l^^c'T.  Iioiiinl  on  a  scaling  voyagf,  with  a  vww  of  .seven  men  and  .sixteen 
Iniiian  Imntei.s,  witli  ei;^ht  canoes. 

^Ve  coninienced  sealiiij;  olV  Ciii)e  Scott,  on  the  inirlli  of  ^';lIH'onver  Isluml,  and  killed 
471)  fur  Hcals  in  the  I'acilic  Ocean,  and  entered  the  lieiinjf's  Sea  on  .F.ily  '2,  l.''."<7,  pa.ss- 
iiig  hiMween  Uninak  Lshiinl  ami  the  Lslniid  of  the  Fonr  Mountains.  'J'he  weather  was 
very  thick  and  foj^ny,  and  we  did  nose.ilinn;  in  J5erin;i''s  .Sea  in  consci|nence. 

On  tlu!  Ittli.Jnly  we  were  cniitnred  liy  the  llnited  States  stcnner /.'/c/K/rr/  Hiisli,  i>ein;j 
tln'n  from  HO  to  10  niil''s  otV  this  neareist  l;ind.  We  were  taUeii  in  tow  to  Onnal.isk.-i. 
whi'rc!  we  arrived  on  tins  10th  of  .Inly,  ;iml  they  laid  ns  a!onj;side  tins  ste.-nner  St.  I'aul, 
Itelonj^ing  to  the  Alasls.i  Com  niercial  ('oni|)any.  Thi'y  reinovecl  tins  scjil  skins  ami 
took  them  ashore  to  the  wh.aif  ami  pat  them  in  the  comjiany's  w;irelionse,  and  they 
resalted  the  skins  with  s.alt  taken  from  onr  vessid.  'J'hi'V  put  an  ollicer  f"  )ni  the  7i' i/«/i 
on  lioaril  .ami  towed  ns  ont  to  sea  and  told  ns  (o  go  to  .^^itl^a. 

\Vo  ariived  there  on  the  "Jvid  .Inly,  and  on  tins  next  day  ;in  investigation  was  held 
before  .hnlge  Dawson,  who  hound  ns  over  to  appear  on  the '.i'id  of  Angnst  for  trial. 
Tlie  vessel  was  left  in  charge  of  the  I'nited  States  ollicers,  an<l  v.e  wcic  only  allowed 
to  remove,  (Hir  clothing.  This  Indians  were  left  to  lind  tlieir  way  home  as  they  could. 
They  were  aliont  70U  nnles  from  their  vill.ages. 

1  tnrther  say  that  when  we  were  titken  I  si)oke  to  the  captain  of  the,  Itiixh,  ami  told 
him  we  had  not  taken  a  seal  in  llehring's  Sea.  lie  replied.  "1  am  sorry  for  yon  ;  I 
ha\e  to  oliey  orders,  and  take  everything  I  emm' across  in  liehring's  Se.'i." 

And  I  m.ake  this  solemn  declaration  hy  virtne  of  the  act  pii^sed  in  llie  thirty-sev- 
enth year  of  Her  .Majesty's  reign,  entitled  "An  act  for  the  snppression  of  voluntary 
and  extra-jndit  ial  oaths." 

A.  Lang. 

Takni  and  declaicil  hefore  me  at  Victoria  this  f'th  da.v  of  August.  If^S?, 

M.  W.  Tykwiiht  Diiakk. 

Solatil  I'lililic. 


I 


No.  2  J. 


Mr.  Garland  to  Mr.  I  la  yard. 

Dki'Autment  of  di  stick, 
WdshiiKjton,  ()vt<d)cr  12,  1SS7.    (iteceived  Oct(d)er  1.'}.) 

Sir  :  In  reply  to  your  letter  of  the  xl  instant,  inclosing  copy  of  let" 
ter  from  lion.  L.  S.  Sackville  West,  with  referen(;t^  to  the  vessels  Caro- 
lcna,i)nii'ard,;\\\{\  Thornton,  yesterday  I  re('eiv<d  a  letter  froi  the  mar- 
shal, iJarton  Atkins,  stating  in  substance  that  my  telegram  of  the  L*Gth 


SEAL    FISHERIES    IN    HEKING    SEA. 


57 


S(.l- 


I 


of  Jamiiiry  ha<l  been  llionfilit  to  bo,  not  ficmiiiH',  and  had  iiotbeen  acted 
upon.     To-day  1  isont  him  the  lollowinj;'  ti'U'j;rani : 

As  tho  seal  skins  at  San  Eraiifisco  art!  ixrisliaMc,  liavo  salt-  niailc.  Tliirty  days' 
leavo  is  granted  for  tliat  jnirposc.  Lt't  tiio  vcssi'ls  C<vnUn<i.  O/uca/v/,  ami  'J'lioniluii  1)0 
rejcast  (1.  as  (irdt'icd  in  mint'  of  tlic  Vidtli  of  .lannary  nltiinc. 

1  tinst  tliis  will  1)C'  obt-yt'd,  and  the  v(!ss(.'Ls  rcloasul  as  diiectt'd. 

Yours,  etc., 

A.    II.    GARLA^'D. 

Atto)iiei/-(-ii'Htral. 


^s^o.  LT). 


J/n  Jlayard  to  Sir  L.  S.  ISaclviUe  West. 

Department  of  St\te, 

Washini/ton,  October  l.'i,  1887. 

Sir  :  Continninji'  niy  reply  to  your  note  of  the  21)tli  ultimo,  inquirino- 
the  reason  for  the  delay  in  complying  with  the  order  issued  in  January 
last  for  ♦he  release  of  Ilritisli  vessels  seized  last  year  in  IJehriujj  Sea,  1 
l)ej>  icave  to  inform  you  that  I  have  this  day  received  a  communication 
from  my  coHea;,'ue,  th<' Attorney-(Jeneral,  inforunnj^j  me  that  his  tele- 
firam  to  the  United  Staves  marshal  at  Sitka,  of  .January  li()  last,  order- 
iu;f  the  release  of  the  Jiritish  schooners  Onward,  Onrolcnn,  and  Thornton, 
owinjif  to  some  misconcei)tion  and  mistake  on  the  part  of  tlie  ollicial  to 
whoiu  it  had  been  addressed,  had  not  been  acted  upon. 

A  renewed  order  has  ffone  forward  for  their  reh'ase,  as  has  been  dis- 
tin(;tly  directed  last  danuary,  and\viii(di  I  had  no  reason  to  doubt  had 
boen  iir()m])t'y  obeyed. 

In  my  note  to  you  of  the  11th  instant,  1  stated  it  to  be  my  imi)r«'s- 
sion  that  no  hindrance  to  their  icpossession  by  the  owners  of  the 
\essels  named  existed.  This  imjuession  it  now  ai)i>ears  was  not  well 
founded  ;  and  as  my  object  is  to  ^ive  you  the  fullest  information  withic 
njy  ])ower  in  relation  to  all  transactions  touched  in  (tur  correspondence, 
1  hasten  to  communicate  the  latest  report  made  to  me  from  tlie  Deparl- 
nuMit  of  Justice. 

I  take  leave  also  to  express  my  reorct  that  any  mis(M)ncepti()U  of  the 
intentions  and  ordersof  the  President  should  haxc  delayed  tiieir  promi)t 
execution. 

I  have,  etc.,. 

T.    F.    I{AVAR1\ 


•  ■» 


,  -i 


No.  L>0. 


Mr,  Bayard  to  Sir  L.  S.  ISachville  \Vr,\f. 

])Ei'AR'i3iENT  t)V  State, 
\Va,sliin(/fon,  October  !.'{,  1S87. 

Str:  I  have  the  honor  to  acknowledge  your  note  of  yesterday,  in  re- 
lation to  the  cases  of  seizure  of  the  IJritish  schooners  Onward,  Varo- 
lena,  and  Thornton,  in  Jjehrino-  S(ni,  by  IJiuted  States  revenue  vessels, 
in  Aufjnst,  1880,  and  also  your  instructions  to  include  by  similar  rej)re- 
sentatioiis  the  (^ases  of  the  British  Columbian  vessels  Orace,  J)olphiny 
and   W.  r.  Sayward,  seized  by  the  United  States  reveiuie  authorities 


, »' 


58 


SEAL    FISIIKRIES    I\    BERING    SEA. 


in  IJebriiif?  Sea,  with  notiflciitiou  tliat  llor  ]>ritaiiiiic  ^Majesty's  Govern- 
ment reserves  Jill  right  to  compensation  on  behalf  of  the  owners  and 
crews  of  the  above-mentioned  vessels.  The  allidavit  of  the  mate  of  the 
W.  P.  Wayward  has  been  read,  and  the  facts  tiierein  stated  will  be  at 
once  investigated. 
1  have,  etc., 

T.  F.  Bayard. 


No.  27. 


Mr.  Bayard  to  Mr.  Graland. 


[Extract. 


])E1'ART3IENT    OP   STATE, 

WashiiHjton,  October  13,  1887. 
Sir  :  I  beg  to  acknowledge  yonr  commnnication  of  yesterday's  date, 
by  which  I  am  snrprised  to  learn  of  tlie  failnre  of  tlie  United  States 
marshal  at  Sitka  to  obey  the  instruction  of  the  President  of  January 
L'O  last,  for  tiie  immediate  release  of  the  British  sealers  Omcard,  Caro- 
Inia,  and  Thornton.  1  have  felt  it  to  be  my  duty  at  once  to  communicate 
this  information  to  the  ]>ritish  minister  at  this  caitital. 
1  have,  etc.. 

T.  F.  Bayard. 


Xo.  1>8. 


^[r.   (iarland  to  Mr.  Bayard. 

Department  of  Justice, 
Wash'nu/fon,  October  15,  1887.     (Received  October  17.) 
Sir  :  I  have  the  honor  to  say,  in  reply  to  yonr  letter  of  the  13th  in- 
stant, in  relation  to  the  release  of  the  vessels  Carolena,  Onward,  and 
Thornton,  that  before  your  recpiest  was  received  1  had  repeat(Hl  the  in- 
structions by  telegraph  to  the  marshal  for  Alaska,  and  since  its  re- 
ceii)t  have,  as  you  suggested,  supi)lemented  the  telegram  by  a  letter, 
both  of  the.se  communications  directing  that  the  instructions  of  Jan- 
uary last  be  carried  out. 
Very  respectfully, 

A.  II.  Garland. 


No.  29. 

Sir  L.  «y.  Sackville  West  to  Mr.  Bayard. 

Washington,  October  10,  1887.  (Received  0(;tober  21.) 
Sir  :  I  have  the  honor  to  inform  you  that  I  aiu  instructed  by  the 
^Marquis  of  Salisbury,  Her  Majesty's  i»rincipal  secretary  of  state  for 
foreign  alfairs,  to  ])rotest  agaiiist  the  seiznii'  of  the  Canadian  vessel 
Alfred  Adams,  m  Behring  Seas,  and  again.st  the  continuation  of  simi- 
lar proceedings  by  the  United  States  authorities  on  the  high  seas. 
I  have,  etc. 

L.  S.  Sackville  West. 


SEAL    FISIIEIiIES    IN    BERING    SEA. 


59 


Xo.  30. 


Mr.  lUiyard  to  Sir  L.  S.  Knckrille  West. 

DErARTMENT   OF    STATE, 

Washhifjton^  October  lil*,  18S7. 

SiH  :  1  liad  the  honor  of  receiviii<;'  last  evoniiijjyour  note  of  the  l!>th 
iiistiuit,  conveyinj;-  the  instruction  to  you  by  the  JMarcjuis  ot  Salisbury 
that  you  should  i)rf)test  against  the  seizure  of  the  Canadian  vessel 
Alfred  AdoDis  ui  Ijeiiriufjf  Sea,  and  a<;ainst  the  eontinuaiic'(M)f  similar 
lu'oceedings  by  the  United  States  authorities  on  the  hiyhseas;  and  I 
have,  etc., 

T.  F.  Bayaud. 


«  ■> 


Xo.  ;n. 


Sir  L.    IS.  USachrille  West  to  Mr.  liat/ard. 

Washington,  Octoljer  IMJ,  1S87.     (Received  ()ctol)er  27.) 

Sik:  With  referen(!e  to  my  note  of  th«^  lUtli  instant,  protesting;  apiinst 
the  seizure  of  the  liritish  scliooner  ^(/Vcf/ .•l^/(n«,s',  1  have  the  honor  to 
transmit  to  you  herewith  (;oi)y  of  the  rejjort  of  the  Caiuulian   minister 
of  marine  and  lislieries  and  other  papers  relating  thereto. 
1  have,  etc., 

L.  S.  Sackville  West» 


[Iiulotsiire  I.l 

i:i;i'()i:t  ok  ckokck  i;.  rosri;!:,  canadiax  ministki:  ok  vahin;-,  and  kisukuii'Ss 


DlCrAKT.MKM     (IK    ElSIIKlilKS— CaXADA, 

Oltaini,  SijtNmber  la,  18>7. 

"With  it'Ccrciici'  to  ]ir('vii)iis  cori't'siKHKlciiv  c  coiicciiiin^^  tlic  sfiziiic  and  tli'tcntioii  of 
Canadian  scalinji  vi't-scls  by  the  L'liitcil  States  aulliorit  ifs  in  lifluin^-  Sea.  tlif  niini.stiT 
of  inarint!  and  li^Iicrics  bcj^s  to  snltinit  lor  the  ((insidtiiUioii  ol'  ids  cxctdlenfy  tlio 
i^ovt'i'Mor-jrciu'ral  in  council,  tin;  lollowin;;'  n:>;''  is: 

((()  A  letter  from  Collector  Hainle.\,  ol'  Victoria.  1'..  ('.,  dated  Se]itend)er  1,1H~7,  in- 
(dosinjf  certain  papers  in  referoncc  to  the  .seizure;  of  the  Citnailiiin  sealinjj;  schooner 
Alfred  .(rfcufis  in  Btdirinji  Sea, 

(/»)  The  deciariition  of  William  lleiiiy  I)yei-,  of  Victoria,  British  Columbia,  inaHter 
of  the  Canadian  schooner  Al/rtd  Jilaiiin; 

(t)  A  certiliciite  of  sei/,nr(;  of  the  Al/iril  .iilniux,  siij;iied  by  L.  (J.  Sliejiard,  captain 
of  the  United  States  rtn'eiuie  steamer  liiixli. 

(</)  A  .sealed  and  nno|)ened  h'tteidirc  cteel  to  the  I'nited  States  district  attorney  aiul 
United  States  marshal,  Sitka,  Alaska. 

((■)  A  letter  from  Collector  llamlcy,  of  Victoria,  BritLsh  Columbia,  dated  .luly ','(1, 
rehitinj;  to  the  (b't<!ntion  of  the  Canadian  schooners  Oninird,  ('(inilinit.  and  'I'lionitoii, 
seized  in  Aujinst,  l-^HCt,  by  the  United  States  cutter  Cuniiii  in  B(dirinjx  Sea. 

(J)  ('opy  <>fii  t(de;;raiii  and  order  purportinji  tobe  from  the  Ijiited  Slates  .\lfoiney- 
(leiii^ral  and  Judge  Dawson,  resiiectively,  relating  to  the  releast;  of  the  abosc-nametl 
vesselH,  iind 

(fl)  A  letter  dated  Septeml)er  I?,  IHW",  from  the  liivv  linn  of  Drake,  .lackson  iV:. 
Helincken,  of  Victoria,  containing  addition;il  inforimitioii  relating  to  the  same. 

From  the  above-mentioned  papers  it  appears  that  on  the  (irh  August,  IHiJ,  the 
Canadian  schooner  .•W/*'((i  . I (/(i»is,  whilst  engagiMl  in  catching  seals  in  the  optru  scsa 
more  tlian  fjlt  miles  distant  from  the  nearest  land,  was  tbrcibly  seized  by  an  armed 
vessel  of  the  United  States,  Inn-  shiji's  jtapers  taken,  her  cargo  of  seal  skins,  1,:?h()  iu 
number,  together  with  all  her  arms,  ainniunition.  and  lishiiig  implements  transferred 
t(»  the  United  States  cutter,  and  her  captain  ordered  to  proceed,  with  sealed  orders,  to 


i7 


GO 


SEAL    KISIIEHIKS    IN    BERING    SEA. 


Sitka,  and  lo  doliver  liiiiiHclf,  liin  vessel  ;>iiil  incii.  into  tin;  Iiaiwl  of  llin  riiited  States 
iiiai'sliitl  iit  that  )ila('i>. 

'i'liin  tieatiiii'iit  of  tlie  Alj'nd  Adaiiix  whilst  peaccalilv  i>iirsiiin;^  her  iiiwriil  calliiij^ 
on  the  hij;h  sfas  is  Init  a  re|»ctiti(>ii  of  tin;  imjiistifiaiile  sei/iiri's  ol'  Caiiatliaii  vcsMils 
made  iiy  th*i  IJnired  States  authorities  in  ISeiirinj;  Sea,  and  wliiciii  liave  lieen  dealt 
with  at  leiij;tli  in  ]>reviouH  rejioi'ts  to  eoiineil. 

'I'he  minister,  therefore,  does  not  consider  it  necessary  in  this  instanee  to  traverse 
the  <j,ronnd  already  so  fnlly  covered,  and  recommends  that  a  copy  of  this  reiK)rt,  with 
the  ]iai>ers  attached,  he  for\vard(Ml  to  Her  Maj(!sty's  (iovernniei\t  tor  their  earnest  and 
immediate  consideration,  and  that  a  c()i)y  thereof  he  svnt  to  the  Hritish  minister  at 
AVaHliiniiton,  to;tether  witli  the  sealed  letter  j^iven  hy  (;a|)tain  Shepard  to  the  master 
of  tiie  .Idttmn,  with  the  reipiest  that  it  lie  forwarded  (o  Mr.  Secretary  Hayard. 

With  reference  to  the  attaehiid  jiaiiers  )l,  E,  and  (i,  the  miidster  ohserves  that  from 
th(^  lirst  (E)  it  aiijiears  that  in(|iiiries  made  hy  the  collector  of  cnstonis  at  Victoria, 
Jti'itish  Colnmhia,  in  .Inly  la.st,  resnlted  in  his  ohtaininj:;  the  information  that  .Indole 
Dawson  had  np  to  tliat  dat(»  received  no  orders  for  the  release  of  the  Canadian  seal- 
iiifj  vt^ssels  seized  in  lr>it),  that  th(»  vess(ds  had  not  heen  sold,  and  remaineil  still  nnder 
Htd/nre,  and  that  .Jndji(^  Dawson,  when  (piestioned  as  to  tlie  report  that  a  telei;ram 
liad  heen  sent  to  him  hy  the  Attorn(\v-(ieiier;il  of  the  Knited  States  orderiiij;  tiie  re- 
lease of  tlie  vessids,  had  replied  tiiat  lie  had  heard  of  this  report  hefore,  hnt  that 
ncdiiinjj;  (d"  the  kind  liad  rea(  lied  ei I  liei'  himself  or  the  I'll i ted  Stat. 's  marshal  at  Sitka. 
The  paper  marked  E  ])iirports  lo  lie  a  copy  of  a  telejrram  dated  .lannary  "Jd,  l"'"**. 
from  the  I'liited  .States  At torney-(i"n<^ral  (I.trland  to,lnd<?e-  l>awson,  ordering;  him  to 
rcdease  the  vessels  seized  in  .Viijiiist  iireeedin^,  and  of  an  order  founded  thereon  from 
Jiidjfe  Dawson  to  the  United  States  marshal  at  Sitka  hearinj^  date  Etdirnary  U>,  IMHT. 
(lirectiiifi;  liiiii  to  "release  the  CtiniVnia.  (hiwanl,  Thiiriiton,  i\i\t\  San  />i(7/f>.  to;i(dher 
with  all  vheii-  tackle,  apjiarrd,  skins,  ^iins,  ainmnnilion.  small  hoats,  an  1  everythin;; 
pertaining  to  said  vess(ds.''  The  third  p.aper,  marked  (!,  is  a  cojiy  of  a  le.ter  from  the 
law  tirni  of  I)rake,  .Ja(d<son  it  llidni(d\eii,  of  N'ictoria,  Uritish  (Joliimhia,  to  the  minis- 
ter of  justice,  informinj;  him  that  they  are  advised  that  a  telef;rain  was  received  liy 
.Indjfe  D.iwsoii  from  the  United  .States  Attoriiey-(ienei'!il,  orderinj^  the  release  of  the 
vessels  aliove  referred  to;  thiit  .Jndj;e  Dawson  did  issue  an  order  a(  cordinj^ly,  hut  that 
he  afterwards  rescinded  the  order  on  the  assumption  that  the  telej^r.ini  was  a  foiLjery. 
ami  that  siiicti  '•  no  ofticial  hitters  of  .•iny  sort,  either  contirniin^  the  tele^rijmi  or  re- 
spe(;tiiiij;  the  iilVair,  has  heen  received  ;it  Sitlia." 

The  minister  ohserves  that  if  tiie  inl'ornial  ion  conveyed  in  thi^  aliov(>-mentioned 
pa]iers  is  eoirecl,  of  which  there  appears  no  r(;asonahlu  doiilit,  it.  reveals  a  state  of 
affairs  hy  no  means  satisfact(.ry. 

On  the  lid  of  Eehrnary,  l"^-'?,  Mr.  ."secretary  I'ayard  informed  the  Hritish  miiiisrer 
at  W.Mshinjiton  tlnit  "  orders  have  heen  issued  hy  the  I'resident's  direction  for  the 
discontinn.-ince  of  all  ]iendin;^  proreedinijs,  t  he  disidiarji'i^  of  tiie  vesscds  referred  t<i 
anil  the  iidease  of  all  )iersons  imder  arn-st  in  connection  therewitli.''  A  ttdejiraiii  in 
accordance  with  Mr.  Itayard's  coniinnnication  aii])e;irs  to  liavi;  heen  sent  to  Alaska, 
and  an  order  hased  thereon  to  have  heen  issued  hy  the  district  jiidj^e,  hnt  to  have 
heen  ;il'terwards  rescinded,  and  no  further  action  has  heen  taken  np  to  date  of  latcHt 
inforniat  ion.  Meanwhile  the  vess(ds  rem.iin  nnder  sci/. ire,  the  seal  skins  are  for- 
feited, and  the  iiro]ierty  of  Canadian  citizens  torcilily  withiudd  from  them  under  cir- 
eiimst.-inces  which  involve  very  j^reat  loss  and  d.ima^e. 

The  minisli'r  I'urther  idiservcs  that  with  a  vicnv  of  j^uidin;;  tln^  action  of  Can.adian 
citizens  interested  in  si-alinj;  in  the  northern  seas,  repeated  attempts  were  made  jire- 
vioiis  to  th(»  ('(unmencement  of  the  ))resent  season  toohtaiii  an  otlicial  expression 
from  the  United  States  (Jovernnieiit  of  the  policy  they  jiroposed  to  ]>nisue  in  their 
treatnieiit  of  foreijiii  vessels  sealiiiy;  in  Hehrinjj  >*»ea,  hut  that  these  etforts  proved 
alto;;etlier  iinavailinj;'.  Eroni  Mi.  n.'iy.-ird'scommnnication  of  Eehrnary '.{,  1HS7,  altove 
I'eferred  to,  the  fair  inrerence,  however,  w.'is  lo  he  diawn  tliiit  until  the  (|uestion  in 
disputes  het  ween  the  two  (Joveiniiieiits  as  to  the  leijality  of  the  previous  .s<dzures  hail 
lieeii  iinally  disposed  of,  no  further  sidznres  would  he  made.  And  there  is  no  doiiht 
that  on  the  streiiijth  of  this  communication,  and  in  the  ahseiice  of  any  ex]ilicit  state- 
iiient  of  policy  to  the  contrary,  Uanadian  citizens  did,  in  the  he<rinninii  of  the  jiresent 
season,  einhark  upon  their  eustoniary  sealin}r  expeditions  to  liehriny;  .Sea,  under  the 
reasonahle  im]ircssion  that  they  would  not  he  interfered  with  hy  flie  United  .States 
authorities  so  lon^j  as  they  conducted  their  opera  t  ions  in  the  open  sea  ;  only,  however, 
to  iiiid  their  vessels  seized,  their  property  coidiscated,  and  their  ventures  completely 
ruined. 

It  is  lespeclfnliy  suVmiitted  that  this  condition  of  all'airs  is  in  the  liifjfhest  dejjree 
detrimental  lo  tln^  interests  of  Canada,  and  should  not  he  ])erinitted  to  continue. 
For  nearly  two  y(fars  Canadian  vessels  have  heen  exposed  to  arhitrary  seizure  ami 
conliscation  in  the  jmrsuit  of  a  lawful  occupation  njion  the  hl^h  seas,  and  C.uiadian 
citizens  suhjected  to  imprisonment  ami  serious  financial  loss,  while  an  im|)ortant  and 
rcniiinerative  Canadian    imliistrv  has  heen  threatened  with  ahsoliite   ruin.      Thi.s 


SKAL    KISHKinKS    IN    HKHINO    SKA. 


Gl 


cuiirst'  ol'iictidii  liiiH  lifcii  iiiirsiu'd  li.v  I'liitt  d  Slates  olliccrs  in  omn'sitioii  to  tin*  con- 
tent ion  in  I  he  iiiist  of  tlieir  (ioveiiin;ent  in  HMani  to  tlie  \viit<Ts  in  \\  liii  ii  these  seizures 
iiave  taken  jiiaee,  in  violation  of  t lie  phiinesi  dielatesof  international  law  and  in 
t  he  (aee  of  repeated  and  \  i^^oroiis  jiiotests  of  hoth  the  Canadian  and  lit  ilisli  (iovern- 
ineiits. 

The  niinister  advistH  that  Her  Majest,\ 's  (iovei  nnient  he  a<;aiii  asl\ed  to  j^ive  itH 
sei  ions  ami  ininiediafe  at  tent  ion  to  the  ie|.eated  reinonst  ranees  of  I  lie  Canadian  ;.m)v- 
einnient  against  the  nnwarrantahle  action  of  llie  I'nited  Stales  in  respect  loCaiiadian 
Mssels  in  Jitdniii^  Sea,  with  a  view  to  <iiitain  a  s]iced\  lecogiiitioii  ol  iis  just  ri^litH 
and  full  ri')iaration  for  the  hisses  siislaiind  \>\   its  citi/cns. 

The  ^\llole  respectfully  snhniittcd. 

(iico.   v..  FosTKi:, 
Miiiinltr  of  Murine  (iikI  I'iiilnrica, 


1  Iiiclosiirc  2. 1 
Mr.    Ihiiiihi/  Id  Mr.    J'antir. 

CfSlO.M-IidfSK, 

litlorid,  Jul II  -JC,   lt87. 

Dkai:  Sii!  :  Ca)itain  Carrol,  niasler  of  the  Anieiican  steamer  Oli/nijiia)!,  lias'  heei*' 
takiiifj;  jiarties  of  excursionists  to  Sitka  and  J  asked  him  to  see  the  Jiid^c,  Mr.  ])aw- 
>oii.  ami  tind  out  soni('thin;f  we  could  trust  lesiiectinji  the  seiyed  \ cssels.  Dawson 
told  him  he  had  received  no  orders  whatever  for  the  release  of  the  vessels — they  haVl^ 
not  lieeii  s(dd— and  remain  as  they  weii',  innler  sei/.iue.  Captain  (arrol  tnid  Dawsdn 
of  ilie  telegram  dated  lust  .laniiary,  iiiir];ortiiij;  to  lia\c  heen  sent  hy  Mr.  (i;iilaml. 
Attoriiey-(  ieiicral  at  W'ashinjilon,  in  th.e  I'lesident's  name,  ordering  ll!t^  \i'ss<'is  to  h»> 
leleased.  Pawsoii  saitl  he  hail  heaid  of  il  i>efore  .'iikI  that  it  must  have  heen.  as  he 
lernied  it.  a  "  put  ii])  ihinjc"  as  nothini;  of  the  kind  had  reached  either  iiimsrlf  ur  the 
I'liiled  States  marshal  at  Sitka. 

The  serious  jiart  is  tliat  tnir  pi  ople.  tiiistini;'  to  the  story  of  the  order  for  lelease, 
lia\e  sent  thirteen  vessels  a;;ain  this  year  to  the  sealinj;  grounds.  One  has  heen 
seized  already  and  if  the  otheis  fall  in  the  \\  ay  of  the  revenue  cntters  they  will 
prohahly  be  seized  also.  I  may  perhaps  learn  something;  more  Iromthe  admiral  when 
he,  retnins  from  Alaska,  and  if  so  I  will  write  to  you  ayain. 
Yonns,  verv  trirlv, 

W.    llA.MI.KY. 


[Iiiflosiiif  I!.— (,'iiiiy  of  til(';;iaiii.l 

WASlllXiifox,  1).  V.,>fa  iiuarij  2(j,  ld>-7. 
.Fiidy;e  liAi'AYi'.TTl-:  Daw.son  Jind 
-M.  D.  Mali., 

I'liilcd  States  diatrict  atloriiei/,  Sitha,  Aliinha: 

I  am  directed  hy  tin'  President  to  instruct  ycni  to  discontiniio  any  further  )»roceed- 
iu;is  in  the  matter  of  thesiMZure  of  the  Uritish  vessels  Caroliiid,  Ouunrd,  anil  Jhoniton, 
and  dischar<j;e  all  vessels  now  held  under  such  .seizure  and  release  all  persons  tliiit  niiiy 
he  under  arrest  in  connection  therewith. 

A.    II.    {iAUI.AXD, 

.Ittoriicii-di  iicral. 


[Incl  >sure  4. — Copy  of  oriler.j 

liAiiToN  Atkins, 

I'uitcd  St  a  ten  )iiarxltal  fvr  the  district  of  Alaska: 
You  are  herehy  directed  to  release  the  vessids  ('aroliua,  Onward,  Thornton,  ami  San 
I>ieijo,  which  were  seized  in  lleliriiij;  Sea  tor  violation  of  sect'on  l'.t.')(I,  rniled  States 
Statutes,  toiJtether  with  their  tackle,  apparel,  skins,  f^uns,  amniunitioii,  small  hoats, 
ami  everything;  pertainiuj;  to  said  vessels,  this  I'Jth  day  of  Fehrnary,  l.-iS7. 

.  Laiaykitk  Dawson, 

Diatrict  Judge,  JUxtrict  of  Alaska. 


G2 


SKAL    FISHKRIKS    IN    1<KRI\(J    SKA. 


(Ilirli)Miiitf  5.] 

Mr.  Hamlin  '"  -^f'-  /'"*'"'• 

CtsTuM-Hoisi:, 
I'icloria,  Stplnnhir  1,  1H87. 
Sii::  Oil  tlic  "111  (if  Aiif^iiHt   llic  maslcr  of  flu*   I'liitcMl  Sfiitcs  rcvciiiu' ciitltT  yi'«»*/(, 
firi/cd  ill  licliiiiij^  St'ii,  till  miles  from  any  land,  tlif  Caiiailiaii  hcIiooikt  .llfrfii  Adamn. 
Wi'.Y  ic;;istt'r,  clearance,  f;iin.s,  anil  amnin  nit  ion,  and  t  lie  sea  I -skins  she  had  tiiken,  1,;!HG, 
were  all   takr'ii    from    lier  and  tint  vessid    lierself  oi'di'ied   to  Sitka.     No  ont*  from  tlie 
reveiiiie-ciitter  wan  jmt  on  lioard   liy  C'lplaiii  Sliepard,  anil  tlii!  master  of  the  .ll/rcil 
.tddiiiK,  instead  of  t^oiiij^  as  lie,  wjis  •irdered  to  Sitka,  reliinied  to  \'ietoria,  .'iiiivin;; 
here  Aii;;nst   :!l.      I   forwarded  the  master's  de|iosilioii   lietore  a   notary  piihlic  and 
what   Captain  Shejiard   is  jdeased  to  term  Ji  certilicate  of  the  schooners' seizure  hy 
liimself.     Mr.  1  >iake,  a  solicitor,  is  at  Sit  ka  wait  injf  for  I  he  cases  to  he  heard  in  conrt. 
The  trial   was  delaved    for  the  ai'iival  ot"  the   Hiiuli,  and   she  was  exiiecteil  .'ihont  the 
liej;iniiin;i  id'  this  monih.     Mr.  Drake,  will  no  doiiht    reimrt  to  the  minister  of  Jiislice. 
1  have,  etc., 

W.  IIami.ky. 

1  also  Inclose  a  sealed  letter,  addressed  hy  ('ajitain  Shepjird  to  tlie  district  ,'ittor- 
iiey  and  United  States  marshal  at  Sitka,  which  the  master  of  the  Alfred  AtlaiiK 
bront;ht  down  with  him,  and  which  yon  can  deal  with   in  any  way  yon  think  fit. 

W.  Hamlev. 


[liiclosini'  G.l 
CKUTII'ICATK    OK    Si;i/.ri!i;    0|-    TIIK    AI.KKKI)    ADA.MS. 


To  ichom  il  hiai/  riHurni 
This  will  certify  that 
Victoria,  K.  C,  Capt.  W 
of  his  slii]>'s  iiajicrs,  vi 
lojr-hook  ;  also  her  arms 
\'ci'y  resjicct fully. 


U.    S.    IvKVKNlK    STKAMKK    HisII, 

JleliriiKj  iSi'ii,  AKi/iint  ti,  Id87. 

1  iiavo  this  day  seized  the  Itritish  scliooiier  Alfred  Adams,  of 
U.  Dyer,  master,  for  violation  of  law,  and  have  taken  charf^e 

z,  rej;i,iter,  shippinj^  articles,  clearance,  hill  id'  health,  and 
md  seal-skins. 

L.  G.  Siirr'Ain). 
Captain    Initcd  Slad's  licvvnite  Marine. 


[Im:lo.-iun 


//)  (he  iiiallir  III'  Ike  neiziire  of   the    sculinn   nehooner    '' .llfrid  Adania,"    hij    the    Ciiiltd 

Slaten  rereniie-cKtter  Hir.hard  Rnxh. 

1,  William  Henry  Dyer,  of  Victoria,  H.  C,  m;ister  mariner,  do  soieiiinly  and  sin- 
cerely declare  that — 

(1)  1  am  the  master  of  the  schooner  Alfred  Adamn,  of  the  poi't  of  Victoria,  IJritish  Co- 
Inmliia.  en<iaiied  in  the  hnsiiiess  of  catchiii;;  seals.  On  t  he  (ith  of  Any;nst,  V-irtT.  while 
on  lioaid  the  said  schooner  aiiil  in  command  of  the  same,  heinj;'  in  latitiido  ri4^  4"-' 
north,  and  lonjritnde  Iti/  '111'  west,  the  United  St.'ites  reveniie-cntter  llicliard  Hiixh 
steamed  aloiijfside,  lowered  a  boat  commanded  liy  the  lirst  lieutenant  and  boat's  crew. 
'J'he  said  lieiiieiianr  came  on  board  the  said  Alfnd  Adnmx  and  ordered  mo  to  take  the 
ship's  ie;iislcr,  lo;i-book,  arl  icles,  and  all  others  of  the  ship's  papers  on  board  the 
Jlichiird  liKth.  In  obediriice  to  his  comniiind,  I  took  all  said  pajicrs  ;ind  acconi]ianied 
the  said  lieutenant  on  board  the  llitsh.  When  I  arrived  on  board  the  Rnnh  the  cap- 
tain III  the  /i'i(v/i  asked  me  what  was  my  business  in  the  IJehrinj;  Sea.  I  replied,  takiiii; 
seals.  He  ini|niied  how  many  skins  I  had  ;  I  rejilied,  l,'.!H(i.  He  then  said  he  would 
seize  tiie  shiji,  take  the  skins,  arms,  animnnition  and  spears.  I  stated  I  did  not  think 
the  ship  was  liiible  to  seizure,  as  we  hiid  never  taken  a  seal  within  (ill  miles  of  Oona- 
laska  imr  nearer  St.  I'anl's  than  (iO  miles  south  of  il,  and  that  we  liiid  never  been 
iiotilii'il  lliiil  ihe  waters  were  prohiliited  unless  landing  and  takini;' them  from  the 
isl.'inil  of  .*>t.  I'anl.  He  stated  he  must  oliey  ihi'  orders  of  his  (io\  rinnient,  ;inil  that 
onr  (Joveriiment  and  his  must  settle  the  matter,  and  ordered  me  to  iiroceed  on  board 
the  said  schooner  and  deliver  up  my  arms,  amninnition.  and  skins,  and  spears. 
He  sent  twti  boats  belonfjiiig  to  the  liiinh,  in  charge  of  the  first  and  second   lieiiten- 


SKAL    FISIIKRIKS    IN    HKHING    SKA. 


G3 


nits  of  tilt'  Ii'iihIi,  n'spcctivfly,  ninl  iiuuiiumI  wiili  Niiilorn  fioin  tlm  JIiihIi,  wlio  caiiic  on 
lioMid  tlio  siiid  Hcliooncr.     (I  rctiiriii'd  in  (•oiniuiny  witli  the  lirst  licntciiimt.) 

I'liry  took  from  till'  Nil  ill  si'liooniT  l.lisii  skins,  J  kfj;s  powilir  (:i  tnitic  1'  anil  I  liiaHt  - 
iiiii  luiwdcr),  ')iMt  NJit'lls,  :;  rasi's  caps  ami  luimns,  ;t  liri'i'i'li-ioailinj;  iloniili'-liarri'lnl 
sliot-;;iinH,  1  WinclicsliT  lilli',  all  in  ;roo(l  onli-i',  ami  I'J  Imlian  spears,  ami  lie  tlii'ii 
nave  iiif  a  Hoalcil  li'tloi'  adili'i-Hseil  to  llm  I'niti'il  States  inarslial  ami  I'niteil  Slates 
(listrict  attorney  at  Sitka.  He  a  Is  •  ;iave  me  an  aeknow  leilunient  of  I  he  ^iooil.s  taken, 
ami  also  j;ave  me  a  i  eitilii  ale  that  tiie  saiil  selioom  r  was  nmler  sei/iire,  ami  after 
lieiii;^  alon;isi(le  fur  alioiit  tliree  ami  a  half  hours  1  reiei\cil  orilers  in  writini;  to  pio- 
eeed  to  Sitka  and  report  to  t  he  I'liited  States  dist  I  let  attorney  and  inaislial.  We  then 
pai'ted  i'oni|>aiiy.  My  crew  consisted  of  myself,  mate,  t  wo  seamen,  one  ("hiiiese  cook, 
ami  twenty-one  Indians.  I'revioiis  to  the  said  sei/iire  wo  had  spoken  the  schooner 
luilf,  of  N'ictoiia,  and  had  been  informed  l>y  the  mate  of  tjiat  vessel  that  the  ciews 
(and  particnlarl\-  the  Indians)  taken  to  Sitka  on  seliooners  previously  Hci/.ed  liad  heeii 
\ery  liadly  treated.  The  Indians  liecame  very  nmtiiioiis  mi  leaiiiiiiLC  that  we  were  to 
I'loceed  to  Sitka  and  report  to  the  I  'ni ted  States  ant Imri ties  and  declared  they  would 
not  jfo  to  .Sitka,  and  to  .avoid  IrouMe  I  came  to  Victoria  instead  of  j^niiij;  to  ."sitka.  I 
arrived  in  ^'ictol■ia  on  the  lilst  of  Auj^usi.  f-isT,  at  alxmt  7  p.  m. 

And  I  make  this  no|emn  dec  larat  ion  conscientiously,  l«elie\  iiii;  the  same  to  lie  true, 
ami  Itv  virt  lie  of  the  oaths  ordinance,  L*t')',i. 

W.   II.  l)vi;i;. 

Declared  liefore  me  tills  isf  day  of  Sejdeinln'r,  A.  I).  ISfT.  at  \'ictori.i,  Hritisl 
C'oliimliia. 

II.     D.M.l.AS    IIi:i,M(K|-..\, 

.(  Xiilani  I'lililif  ill  (111(1  far  the  I'rorimi nl'  I!rilinh  ('oliiiiiliia. 


I  IiirliiSMlo  S 


MixHra.  Drdkv,  •Juckxoii,  and  Ilt'lmckeii  /<<  Mr.  TIkhiijixoii, 

VlCToiM.\,  15.  v.,  Scptcmhvr  W,  lr'~7. 

Sii! :  We  have  the  honor  to  inform  you  that  we  arc  in  receipt  of  letter  from  oiir  Mr. 
iMake,  written  from  Sitka,  under  date  August  ti;'),  in  which  he  stiitcs  that  a  tele- 
gram was  received  at  Sitkfi,  relative  to  the  scIiooiicih  .seized  last  year,  from  t  he  United 
Slates  Attorney-ticiieral  (iarland  directinj;  their  release  and  discliar;;e  of  the  men. 
'I'he  jiidet^  i^iivc  an  order  accordin;;ly,  which  was  afterwards  rescinded  on  the  assiimji- 
tioii  that  tile  telej;raiu  was  a  foreery.  Noollicial  letter  id' any  sort,  either  conlirmin;; 
the  telejiram  or  respectin;;  the  attaii,  has  liceii  leci'ived  at  Sitka.  'I'lie  si  hooners  now 
seized  and  at  Sitka  are  the  .liiiid  Heck,  /I'.  /'.  Sdiiiranl^  lioliihhi,  ami  (ii-mc.  'l\w  Alfred 
AdiiiiiH  was  also  seized.  The  trial  of  the  )ireseiit  nicii.  Mr.  iMake  states,  would  not 
take  ])liicc  until  after  the  an  ival  of  the  revciinc-ciit tcr  Hn^li  :  also  th;it,Jmli;in;i  froni 
the  jiast  and  the  views  held  liy  the  court,  t  he  resiili  would  most  prohaMy  he  the  same, 
and  iirjfcs  that  immediate  stcjis  should  he  taken  to  |)reveiit.  the  im)irisoiimeiit  of  the 
masters,  and  that  he  would  ohtain  declarations  from  the  masters  duly  certilicil,  and 
enter  a  protest  at  the  trial.     'I'lie  HkkIi  was  not  expected  at  Sitka  until  yi-sterday. 

K'e<iardin<;  the  seizure  of  the  AJfrtd  Adiim^,  we  have  to  state  that  tli:il  schooner  has 
.•iirived  here  safely.  The  deid.-irations  of  her  captain  ((.'aptaiii  l)yei)  and  his  men 
iia\e  been  duly  taken,  which  her  owners,  Messrs.  (lUttman  and  I'laiik,  of  this  cit>. 
\esteriiay  handed  to  Hon.  Mr.  Stanley,  collector  of  customs,  tojfcther  with  a  scaled 
letter,  w  hicli  t  he  eomniiindcr  of  t  he  /i'».s/(  lianucd  to  Capt.aiii  ]>ycr  to  he  delivered  to 
I  he  district  attorney  at  Sitka.  These  papers,  no  doiiht,  Mr.  Stanley  has  already  for- 
Wiirdcd  to  the  |iro].cr  dep.aitmciit. 

We   ha\e  since  forwarded  a  copy  of  this  inrorimit ion  to  the  Ki^ht  Ilonorahle  .Sir 
•lohii  A.  Macdonald.  K.  ('.  I!.,  etc. 
We  have,  etc., 

DiiAivK,  .Iacksox  &  Hki.mckkn. 


■,    '  j 


[Iniiosmi'  !).  1 

Mr.   llinhidjic  to  Mr.  Ilardic. 

DKi-AitTMiNr  OK  .Ir.snri'.,  Canada, 

Ottairn,  .SVp/im/ir  VJ,  1687. 
Sii; :   I  have  t  lie  honor  to  inclose  for  yoiii-  in  format  ion  ;i  copy  of  a  h  Iter  which  has 
tieeii  leceived  hy.llie  minister  of  just  ice  from  Messrs.  Drake,  .lacksor:  vV  llolnickcn,  in 
which  they  report  with  relereiice  to  the  sealiii;;-  vessels  which  have  been  seized  in  the 
Itehriim-  Sea  l>v  the  I'liitod  States iiiithoritie.'--. 


>' 


64 


SKAL    I'lSHERIKS    IN    HERIN^'    SEA. 


1 


I  iun  to  Htnto  I'.at  \\w  iniiii.st*T  of  JiiHtictt  Iiiih  tiikcii  iin  action  with  rcsix'ct  to  tliiH 
(■oininiiiiiciitioii,  lint  that  hi-  is  ot'  the  opinion  that  thtt  niiniHtcr  of  niariutt  aixl   tlNh- 
tM'ii's  HJioiilil   at.  his  rariii'st   convrnicnci'   takr   Nlf|iN  to  itiiniiMinii'atc  the  snh.staiiuti 
tJK'rcol'  to  the  ('oh)nial  olllci'  and  to  the  Jiritisli  niinisttT  at.  \VaNhin;;ton. 
1  iiavi',  etc., 

(iKoiuii-.  W.  Uui'iiiniiK,  1).  M.  J. 


No.  '.i2. 

^h•.  darlnrnl  to  Mr.  llayard. 

Dkpautment  of  .IrSTICE. 
M'ashington,  March  1>,  JSSS.     (Kcwived  .Alaicli  9.) 

Sni:  III  «'.\.imiiiiii;,Mli(>  (iiicstioii  siihiiiittcd  to  me  infoniiiilly  l)y  yon 
on  yi'stcfdiiy,  as  Ity  tlic  iiK'iiioriiiKliiiii  iMTcwitli  i^'tiiriicd,  1  lie""  loiive  to 
say  tliiit  tlio  bond  indiciitod,  I  am  of  opinion,  can  be  jjivoii  in  piirsuancc 
<tr  nilc  10  of  tiic  practice  in  adiiiiraU.N,  as  ])i-('S(!ribcd  by  the  Snpiemo 
('oiiit  ill  tiic  collection  of  its  iiiles  published  1.SS7,  i)a;;e  <».">.  The  doubt 
that  I  had  in  my  mind  when  the  question  was  lirst  sujjjjested  arose  not 
upon  the  mere  matter  of  the  general  rules  of  practice  in  admiralty  (!ases, 
but  wlietlier  the  lioiid  could  be  jj^ive  in  (;as(;s  for  direct  fori'citurt;,  as 
these  are.  On  examiniii;^'  the(!ase  of  the  United  States  r.  Ames  (1)U  U. 
S.,  i».  ;>."),  (f  .vt'7.),  .ludo(^  (Millbrd,  in  delivering,'  tiie  oitinion  of  the  court, 
on  paoes  .)!>  and  10,  states  that  the  better  opinion  is  that  even  in  seizures' 
for  J'ltrfeitnrc  the  bond  may  be  executed  in  the  same  manner,  etc.,  and 
I  tiiiiik  myself  that  that  is  the  proper  view  of  the  (piestioii. 

The  bond  to  be  {jiveii  must  be  after  appraistMiient  under  ord«'r  of  the 
court  wJiere  the  i)roperty  is  liehl,  and  for  the  amount  of  that  appraise- 
ment, conditioned  for  the  return  of  the  property  after  the  (iiial  determi- 
nation of  the  cases  by  the  courts,  and  no  other  kind  of  bond  woidtl  be 
sullicient. 

Very  truly  yours, 

A.    IT.   (lAIiLAND, 

Aitorneij  iiencral. 


lliiclosare.] 
MKMOIiANDL'M. 

Dl'.l'AKr.MKNT   OK    STATK, 

Ifanlnuijlon,  Mttrch  7,  ItiUS, 
Canadian  scah'tH  seem  loiinirod  to  carry  njipcai  to  I'nitcd  States  conrt,  or  hy  fail" 
ni'c  to  do  that  will  forfeit    IpoikIh.     Can  they  Ite  allowed  to  l)()nd   v(■^s.>seis  and  skins, 
\vithont  ol)li^atioii  to  a]i|ieal  and  peiidinjf  delinitu  isettlomeiit  hetween  I'nited  States 
and  Cireat  lintain  f 


Xo.  33. 
Sir  L.  S.  >Sac1;viUe  West  to  Mr.  JUnjard. 

Wa.siiiN(tTON,  March  20,  1888.     (Keceivcd  March  29.) 

Sir  :  With  reference  to  the  proposal  that  (!oncerted  actitjii  l>e  taken  by 
(ireat  Britain,  the  United  States,  and  other  inrerested  poweis.  in  order 
to  i)reserve  from  exleiniinatioii  the  fur  seals  which  at  certain  seasons  are 


SKAL    FISIIKIMIvS    IX    IJKIilNfi    SF.A. 


05 


J 


found  ill  IW'liiiri;;  Sea,  I  iiiii  icciiu'stcd  l)y  tlu'  Martinis  of  Salisbury  to 
iiifoiiri  you  that  the  Itiissian  atiiliassailor  in  lionilon  has  Iummi  coinninn- 
i('at«'<l  with  on  the  Knhjcct,  and  that  he  has  referred  to  his  (lovernnu'iit 
lor  instnuM ions,  lint  in  nialvin;^  t  iiis  eoininnnit  aiion  tit  you  I  am  in- 
struirted  to  state  that  t Ids  action  on  the  part  of  Her  Majesty's  (lovern men t 
ninst  not  be  tal<en  as  an  admission  of  the  ri;;htsof  jniisdiction  in  iiehrin;; 
.Sea  exei'cised  tln're  by  the  United  Stales  authorities  dnriny  llie  fishinj;: 
seasons  of  l.SS)i-'S7  ami  ISST-'.SS,  nor  as  alfeetin^j  tin'  (claims  which  Her 
Majest\'s  (loveinmeiit  will  ha\f  t(»  present  on  acei  niit  of  the  wronj^fiil 
seizures  which  ha\e  taken  place  ot  ilrilish  vessels  enj-a^icd  in  the  seal- 
tishinj;  industry. 
I  have,  etc., 

li.  S.  Sackvii-i.k  W  kst. 


•!    V 


Xo.  ;!i. 

Mr.  JUt>i<iri1  to  sir  /..  S.  Siirl,-rille  West. 

Dl'.l'ARTMKN'l'   OK    Sl'ATK, 

Wf.sliinf/ton,  MarcU'AiK  \Xf^i>. 
Sii{:  I  have  the  honor  to  acknowled;re  the  r<'ceipt  of  yoni'  m»te  of  the 
2(Jth  instant  in  which  yon  inform  the  Department  that  the  action  of 
fler  Majesty's  (loverinnent  in  respeet  to  the,  proposal  of  this  (lovern- 
imMit,  for  an  arranj^ement  to  protect  the  fur  seal  front  extermination  in 
liehrin;;  Sea.  is  not  to  be  taken  as  an  a<lniission  ol  the  jurisdiction  of 
the  Tnited  States  oxer  lU'lirint;  Sea,  nor  as  alfectin;,'  the  claims  which 
Her  Majesty's  (iovernnu'iit  will  have  to  jtresiMit  on  account  of  the  seiz- 
ure of  certain  I'.ritish  vessels  in  those  waters. 
I  ha\'e.  etc.. 

T.   F.   r.AVAiii). 


'!# 


No.  35. 
Sir  L.  S,  Sarkville  West  to  Mr.  Bayard. 

Washington,  Aiml  2,  1888.    (Ileceivetl  April  .J.) 

Sii{ :  I  hav(^  the  honor  to  inform  you  that  the  Marquis  of  Salisbury 
has  received  intiimition  from  the  Camulian  (lov<M-nment  to  the  effect 
that  orders  have  been  issued  by  tln^  United  States  (lovernment  for  the 
capture  of  llritish  ships  tishinjr  in  Behrin^  Sea,  and  that  helms  tele- 
graphed to  me  to  represent  earnestly  t  he  extrenui  importance  of  emil)lin<,!; 
Her  Majesty's  (lovernment  to  contradict  this  rumor. 
1  have,  etc., 

L.  S.  Sackville  West. 


Xo.  3G. 


Sir  L.  S.  SavJa-ille  West  to  Mr.  Bayard. 

[Xote  vetbnle. I 

Her  Majesty's  (lovernmenc  have  just  received  tl»e  particulars  of  the 
claims  for  compensation  on  account  of  liritish  sealers  seized  and  warned 
olf  by  the  T'nited  States  authorities  in  Behrin<j  Sea. 

S.  Ex,  lOG 5 


66 


SKAL    FISIIKKIKS    IX    HKK'ING    SKA. 


A  jufit  assc«suM'iit  of  tliesc  claims  a|>iieais  to  tliein  dinicult  without 
investijjatinii  and  vciiticatioii,  iiiid  tlu'.v  tluT'-'forc  wish  to  ascertain 
whotlier  the  liiitcd  iStatcN  tlovt'iiiiiuMit  would  he  disposed  to  ajjfiee  to 
a  mixed  (Muninissioii,  to  be  lestri'  ted  to  iiitiiiiiiiij;  in  each  ease  whether 
eomiu'iisatioii  is  due  and  tlie  amouiw  <>f  sueh  ecuniiensation. 

^VASlII^■OT()^•,  April  IS,  IS.S'r.. 


No.  37. 


Mr.  ]!H}/(tr<i  to  Sir  L.  S.  Sachrillc  West. 

I  Xdlf    ViTbalr.) 

Department  of  Statk, 

Wn.shi)igt(>n,  April  21,  1888. 

liesijondiiiji  to  tlie  note  veibaU  i'  Sir  Liovel  West,  dated  tlie  18th 
instant,  it  is  ,sn;j;;:('st('d  on  behalCof  the  I'nited  State's  tliat,  as  the  cases 
of  seizure  of  iSriiish  scaling,' \fssi'ls  in  IJehrinji  Sea,  therein  refeiied  to, 
are  now  in  court  pendiii;;  an  ai)peal  from  a  jin'.icial  decision,  it  is  prefera- 
ble to  await  the  Jndf^inent  of  the  appellate  court  in  the  i)reiuis«'s. 


No.  38. 


Sir  L.  S.  SutliviUe  West  to  Mr.  Bayard. 

Wasiiin(  ''ON,  April  30,  1SS8.  (deceived  May  2.) 
Sir:  With  rel'erence  to  jjcndin};'  le«;al  proceedings  in  the  cases  of 
I;ritish  vessels  sei/.ed  by  the  United  States  authorities  in  IWdiring  Sea, 
1  have  the  honor  to  inlbrm  you  that  i  am  instructed  by  the  Mar(piis  of 
Salisbury  to  i»ropose  to  the  I'nited  States  (lovernment  that  the  time 
limited  for  the  i)rosecution  of  the  aj.i)eals  in  these  cases  shoidd,  by  con- 
sent, be  extencb'd  for  such  a  jjcriod  as  may  permit  of  a  settleuuMit  of  tlu^ 
claims  in  (juestion  by  diplomatic  lu'j^'otiation  without  prejudice  to  the 
ultimate  lejial  remedy  by  ai)peal,  should  such  nej^otiatioii  be  unsuitcess- 
ful,  and  that  the  vessels  and  skippers  should  be  at  once  released  on 
security. 

It  is  understood,  in<leed,  that  i)ermission  h::s  actually  been  {jiven  to 
the  owners  of  these  vessids  to  !»ond  them,  jiendiny  ap]>eal,  provided  tlie 
sureties  are  citizens  of  the  (iiited  States  and  resident  therein,  aiut  un- 
der these  circumstances  the  ])roposal  for  an  extension  of  the  tim«^ 
limited  for  such  appeal  is  snbmittetl,  in  view  of  any  diplomatic  nef^otia 
tions  winch  may  ensu.;  havinj,^  lor  object  satisfactory  adjustmeiit  of  all 
unitters  coiuie(!led  with  these  cases. 
1  have,  etc., 

L.  S.  Sackvillk  West. 


SKAL    FISHERIES    IN    HEKINr    SKA. 


67 


No.  39. 


*S'(>  L.  S.  Savkrille  West  to  Mr.  Baijard. 

Washington,  May  L*r>,  1888.     (Kowivcd  May  20.) 

Sill:  Oil  the  3()tli  of  Ajuil  1  had  tlio  honor  to  achlross  yon,  as  in- 
strnctLMl  by  the  Marquis  of  Salisbury,  on  the  subject  of  the  apjieals 
])en(linj(  in  the  cases  of  Jiritish  vessels  seized  by  the  Tnited  States  in 
IJehring's  Sea,  and  Her  [Majesty's  (loverninent  liave  now  requested  nie 
to  ask  you  for  a  reply  to  my  above-mentioned  conuminicatiou. 
1  have,  etc., 

L.  S.  Sackville  West. 


,  1 


No.  40. 


Mr.  Bayard  to  Sir  J..  »S.  Saclvillc  Weyf. 

Depautment  of  State, 

Washinfiton,  May  28,  18S8. 

My  Dear  SiH  TjIonel:  In  regard  to  the  in<iuiry  contained  in  your 
noteof  thel'.Jth  instant,  relating  to  the  JJritish  vessels  seized  in  Hehring's 
Sea,  I  should  be  glad  to  have  an  interview  with  yon  this  afternoon  at 
;»  o'(!lock,  should  that  hour  be  convenient  for  yon  to  come  to  the  J)e- 
partment. 

I  am,  etc., 

T.    V.   lUVARD. 


'I  - 


No.  n. 

Mr.  Bayard  to  Sir  L.  S.  Saclrille  M'cst. 

DKI'Ain'MKNT   OF    STATE, 

Washitujlon,  May  28,  1888, 

Sir  :  1  liave  the  lionor  to  a<;knowled;.'t'  your  notes  of  the  .'JOtli  ultimo 
and  2r)th  instant,  both  relating  to  the  ;tpi>eals  taken  in  the  judiitial 
court  in  Alaska  from  decrees  in  cases  «il  llritish  vessels  seized  by  the 
ITidted  States  revenue  ollicials  in  IJehring  Sea  under  <'harges  of  hav- 
ing violated  the  laws  of  the  I'nited  states  regulating  the  killing  of  fur- 
seals.  I  must  excuse  myself  for  the  delay  in  .naking  reply  to  your  note 
of  April  ."JO,  which  was  eaused  by  my  desire  too!>tain  tioni  yon  a  \eri»al 
explanation  of  what  appeared  to  im-an  inadvertent  expression  contained 
therein,  from  which  it  appearetl  that  the  "skippers"  were  held  under 
arrest  as  well  as  the  sealing  vessels. 

In  my  |)ersonal  interview  with  you  to-day  it  became  mutually  under- 
stood that  there  has  been  and  is  no  such  personal  detention  i:i  any  (»f 
the  cases,  but  the  proceedings  have  all  been  in  rem  against  the  \osels 
Noemployed  and  tlieir  onttits. 

The  suggestion  of  the  Marquis  of  Salisbury  that  the  time  limited  for 
iln^  prosecution  of  the  appi-als  (i'utei'ed  alr<'ady  or  proposed  to  be  en- 
ured) in  the  (!ase.s  referred  to  should  be  extended  in  order  to  give  an 
•  il»portnnity  for  a  dijdomatic  settlenn'iit  will   meet  with   favoralile  con- 


(J8 


SEAL    FISIIERIKS    IN    UKRING    SEA. 


sidcratioii  witliiii  the  limits  (»f  tlip  statutory  provision  in  relation  to  the 
docketin^i'  and  in'osccntioii  of  aj»i)(>als. 

While  it  is  not  within  the  ])o\ver  of  the  Mxe<'ntive  hrancli  to  alter  rr 
extend  the  statutory  limitation  in  )(s]it'etof  the  time  of  enteiin;j  such 
appeals,  yet  so  i'ar  as  ajiicement  of  l)olh  ])artieH  nuiy  ])revail  in  pro- 
euriiif;  i)ost])onenuMits  ol  the  aijiuments  and  pleadin<;s  after  the  appeal 
has  lieen  duly  tak.ii,  I  ap]»i«'hend  that  there  will  be  every  iiisposition 
on  the  i)art  of  tlu^  ])roseeution  to  {jive  time  for  <lii)l()n>atie  arran;ieii.ent. 


Aece[)t,  sir,  ete 


T.  K.  Havard. 


No.  VJ. 

fSir  Jj.  iS  ^Suchfillc  West  (i>  Mr.  lUiijurd. 

I  Mciiiiiraiuliiiii.l 

Wa«1I1N(JT0N,  Mail  28,  ISSS.  (Keeeived  May  I'M.) 
In  the  eases  »»f  the  eondemned  liehriiij;  iSea  sealiny'  vessels  and  their 
earji'oes,  it  appears  that  the  jtroetois  l(ir  some  (and  possiidy  all)  of  the 
ISritish  s«'alers  tailed  to  tak<'  an  appeal  from  tiie  decrees  of  condemna- 
tion entered  h\  the  district  court  at  Mtka;  cdusefpu'ntly  t lu'y  have  lost 
the  heiM'lit  of  the  At torncy-tieiieral's  order  jterMUttin;;"  release  of  tin* 
property  on  bond  ]iendiii,iLr  decision  »)f  the  appeals,  ami  as  the  decrees 
luive  become  tinal.  haxc  nn  otlur  than  a  diiilomatic  remedy  left. 


lO. 


Mr.   lUiijard  to  Sir  L.  S.  iSachvillr    West. 


Personal.] 


DKl'AK'lMHN'r    (IF    Sl'A'rK. 

Washiiifftoii,  Mill/  ii!>,  18SS. 


Di'.Alf  SiK  l-i<)Ni;i, :  I  have  Just  sent  you  a  reply  to  your  notes 
(ollicial)  of  April  M)  an(  May  2."i  relatinji^  to  appeals  in  the  cases  of 
sei/.uie  in  |{ehrin<;:  Sea. 

I  ha\t'  this  moiui'iit  received  your  note  of  today  iuclosiii<;  a  uumuo- 
randum  to  the  elVect  that  by  reason  of  the  failure  of  the  proct«)rs  of  the 
vessels  so  sei/.ed,  no  appeals  fiom  the  decr»'es  of  coudemnation  have 
i>»'en  eiiter<'d,  and  thetiuu'  fixed  by  law  lor  doinj;  so  havin;^' expired, 
iion«>  other  than  rt'lief  thiou^h  diplomatic  (diaiimds  remains. 

It  is  mu(di  to  be  re;;rctte(l  that  the  order  of  the  Attorney(  ienc»al 
resp«'(!tiut;  a<;ceptance  ot  security  and  release  ot"  these  vessels  had  not 
been  availed  of  by  these  parties.  I  will,  however,  write  at  once  to  my 
<'olleaj,Mie,  the  Atiorneydeneral,  and  wee  what  remains  to  be  done  in 
his  Department. 


\'erv  trulv.  \ours. 


T.    F.    I5AVAR1). 


SKAL    FiSIIEKIES    IN    15KRINU    SEA. 
No.  44. 
Mr.  Bayard  to  Mr.  CarUnul. 


G9 


Department  of  State, 

\Va.shin()t(ni,  May  -Mt,  18SS. 
Sill:  J  liave  just  received  a  note  from  tlie  IJritisli  iniiiister  at  this 
Capital,  incloHin^' a  ineinoiaiKliim  in  relation  to  the  case  of  seizure  of 
British  vessels  by  United  States  revenue  oll/eials  in  iJehrin^  Sea.  I 
inclose  a  copy  of  this  nienioranduni  and  will  ask  yon  to  inform  me 
whether  there  still  remains  any  mode  by  which  the  decrees  of  con«lem- 
nation  can  be  reviewed. 
I  have,  etc., 

T.  V.  Bayabd. 


No.   15. 


Mr.  Garland  to  Mr.  Jiayard. 

Department  of  .Tfstioe, 
Washinyfon,  May  ^Jl,  1888.     ( Received  June  1.) 

SiiJ  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of 
the  liDth  instant,  inclosing  a  coi)y  of  a  memorandum  from  the  British 
ininister-  in  relation  to  the  cases  of  seizure  of  I>rilish  vessels  in  Behrinji 
Sea,  and  to  say  that  I  know  of  no  mode  reniaininj;-  by  which  the  <lecrees 
of  condentnation  can  be  reviewed. 
Very  respectfully, 

A.  11.  (Jarland. 


No.  4(i. 
kSir  L.  S.  ^Sackrillr  We,st  to  Mr.  Bayard. 

]Jeveri,v,  :Mas,s.,  Aiiyust  <;,  18,S8.     (Received  Au},Mist  8.) 

Sir:  1  have  the  honor  to  inform  you  that  Iler  Majesty's  Government 
have  received  intelligence  to  the  effect  that  four  i>ritish  ships  seized 
last  year  in  Uehrinj?  Sea  are  bein;;  taken  to  Tort  Townseml  for  sale  by 
the  United  States  authorities.  It  would  seem  that  this  action  has  been 
taken  in  consequence  of  the  jud;,ai  of  the  ilistrict  court  of  Alaska  hav- 
injj  refused  to  bond  the  owners,  upon  the  ground  that  their  ap|»lication 
was  too  late.  ^■■'— ■■ 

^  The  iMarcpiis  of  Salisbury  has  ngw  requested  nie  to  ask  riie'United 
States  Government  to  postporu*  the  sale  of  the  said  vessels  pendinj^the 
settlement  of  the  question  of  t lie  le^'ality  of  the  .seizure. 
1  have,  etc., 

L   S.  SativVille  West. 


70 


SKAL  fishp:riks  in  Bering  sea. 


from 
on 


No.  47. 

Mr.  Bayard  to  Mr.  Jenlts. 

Dei»aktmknt  of  State, 

Wasltinfifon,  AiiffUfitS,  ISSS. 

Sir:  1  liinul  yon  indosi'd  a  copy  of  a  note  this  day  received  by  me 

>m  Sir  Lionel  S.  iS.  West,  the  liritisli  minister  at  this  capital,  in  which 
...J  behalf  of  his  (Jovernnu'iit  he  asks  for  a  i)ostj)onement  of  the  sale  of 
fonr  r.ritisli  vessels  seized  last  year  in  i>ehrinf^  Sea  and  con<leinned  for 
violation  of  the  I'nited  States  Statntes  rej^alatinjj  ti»e  killiny'  of  fni- 
seal. 

Althonjih  the  rijjht  of  statntory  ai)peal  may  have  been  lost  by  lai)ae 
of  time,  yet  I  sni)i)ose  that  the  proceediiifjs  in  execntion  of  tiie  decree 
are  witliin  the  (lis(!retionary  control  of  your  De|)artment,  and  nnless 
the  delay  iiske«l  for  siionld  cause  irreparable  loss,  I  hope  you  nuiy  tind 
the  i)o\ver  and  disposition  to  {jfrant  it. 

Will  yon  acijuaint  me  with  your  decision,  ami  in  case  you  have  or- 
dered a  stay  in  the  proceedings,  to  so  inform  me,  tliat  I  can  conununi- 
cate  it  to  the  British  nunister.' 
Very  respectfully,  yours, 

T.  I'.  Bavaui). 


No.  JS. 

.1//-.  Bayard  to  Sir  L.  S.  SarkvUle  West. 

Department  of  State, 
Wanhhi(/f(>n,  Amjnst  8,  1888. 
Sir  :  I  have  the  honor  to  acknowledge  your  note,  dated  at  ISeverly, 
Mass.,  on  the  <>th  instant,  by  which  I  am  informed  that  in  the  case  of 
fonr  British  sealinj;-  vessels  condemned  last  year  for  killini:'  fur  seal  in 
Alaskan  waters  in  violation  of  the  laws  of  the  I'nited  Siat«'s,  you  are 
instructed  to  ask  for  a  postponement  of  the  time  for  the  sale  of  the  ves- 
sels referred  to,  in  execntio*   of  the  decree. 

I  have  already  transmitted  a  copy  of  your  note  to  my  coIlea;,MU\  the 
Attorney-tJener.d.  and  will  communicate  his  re[)ly  as  soon  as  it  shall 
have  been  rt'ceived. 

Accept,  etc.,  T.  F.  Bavaru. 


No.  4!). 
Mr.  'hiiLs  to  Mr.  litnj<tr<l. 

DEI'Ain'MENT    OF   .It'STlCF, 

Waxliiuoton,  Auf/usf  10,  1SS8.     (I!e<'eived  Au;iust  l.'J.) 

Sir  :  I  have  the  hoinu*  to  a<*kno\\led<;e  receipt  of  your  letter  of  Aug- 
ust 8,  with  its  inclosure  from  the  r»ritisii  minister,  and  to  inform  you 
that  in  pursuanc«!  of  the  refjuest  tl^Tein  conveyed  I  have  «lirected  by 
telegram  and  letter  the  postponement  of  the  sale  ol  the  four  British 
vessels  seized  in  I'ehring  Sea,  and  instructed  the  l;nite<l  States  marshal 
in  charge  to  receive  bomls  in  lieu  of  the  vessels. 
Very  respectfully, 

(}.  A.  Jenks, 
Actiiuj  AttorneyOencral. 


SKAL    FISHERIES    IN    BERING    SEA.  71 

No.  no. 

Mr.  Bayard  to  Sir  L.  S.  Sackville  West. 

Department  of  State, 

Washhuiton^  Angunt  !.'>,  1888. 
Sir  :  With  further  ivferonce  to  your  note  of  tlie  0th  instant,  eonvey- 
injj;  the  reciuest  of  the  Miininis  of  Salisbury  for  a  p()sti)onenu>nt  of  the 
sale  of  four  Uritish  vessels  seized  in  l>ehrin<j  Seii  last  year,  I  have  now 
the  honor  to  state  that  1  have  Just  received  a  letter  from  the  Aetinj,' 
Attorney-deneral,  inforniiiiij  uio  that,  in  jjursuanee  of  the  request  ho 
made,  ln'  has  directed  by  telej;ram  and  letter  the  iiostponement  of  the 
sale  of  the  vessels  in  (luestion  and  has  also  instructed  the  United  States 
marshal  in  eharj^e  to  receive  Itonds  in  lieu  of  the  vessels. 
Accept,  etc., 

T.    F.    I; A  YARD. 


No.  51. 

Sir  /..  S.  Sackville  West  to  Mr.  Ilayard. 

Beverly,  Mass.,  Augmt  10,  1888.  (Received  Aujjust  21.) 
Sir:  I  have  the  honor  toaeknowied^ro  the  receipt  of  your  note  of  the 
l.'ith  instant,  informin;i';  me  that  in  i)nrsuance  of  the  nMpu'st  of  the  Mar- 
quis of  Salisbury,  made  throuj>h  me,  the  Actin«;  Attorney-General  has 
<lirected  by  tele<;rai.i  and  letter  the  postponement  of  the  sale  of  the 
vessels  in  (luestion,  and  has  also  instructed  the  L'nited  States  marshal 
in  charjje  to  receive  bonds  in  lieu  of  the  vessels. 
I  have,  etc., 

L.  S.  Sackville  West. 


No.  51'. 

Mr.  '/cnls  to  Mr.  Bai/ard. 

Department  ov  Justice, 

WasJtiiuifoii,  September  .'J,  1888.     (Received  September  4.) 

Sir:  I  have  the  honor  to  send  you  co|»ies  of  letters  of  the -.!d  and 
25th  ultimo  from  .Mr.  .\tkins,  United  States  marshal  tor  the  district  of 
Alaska,  and  to  ask  for  an  expression  of  your  views  upon  the  propriety 
of  an  immediate  sale  of  the  vessels  mentioned  by  the  marsnal  on  coii- 
si<leiation  of  the  statements  he  makes  in  relation  to  them. 
Vvvy  respectfully, 

(1.  A.  JemvS, 
Acting  Attoriieij-tioicral. 


niicldsiirc  No,  1.) 
Mr.  Alkiiin  to  Mr,  (Inrlatul. 
DisTKUT  OP  VVasu\notov  TiatitiTouY 

OFI'ICK   ok   TIIK    UnITKI)    SlATHS    MAUSMAr,, 

Sitttlle,    /('««/(.,  ,(«;;«»,  '2:1,   IS-^.-^, 

Sill:  In  rofiTciKM'  to  tlio  four  cnudpinncd  nritiHh  vcssfls  now  in  mv  ciistofiv,  I  have 
tho  honor  to  n'i»(irt : 
That  the  owner  of  the  schooners  .lima  Ikvk,  Grace,  anil  Dolptiin  chiiuis  tliat  the  ap- 


72 


SKAL    FISIIEHIES    IN    BKKIN(!    SKA. 


praisciiiont  iiiiHlc  at  Sitka  (iii(>  yoar  ajjn  was  at  tlic  tiiiKM^xcPssivo,  and  that  their  val up, 
(III  :i('<-oiiiit  of  the  iiiclfiiifiit  cliiiiatt'  of  Alaska,  lias  in  tho  iiifaiitiiii)-  Ix'i'ii  constantly 
ili'liicciatin);,  and  t  lit'i't'l'dic  (Icclinrs  to  liond  thciii  at  hiich  aitpraistMiifiit,  lint  rciint-Mts 
a  new  aiiinaiscnicnt,  which,  if  not  j;iant«'d,  they  dcsiri^  tin!  Half  to  ])r(ii't'f(l.  Th« 
owner  sayH,  howcvri'.  lliat  ho  will  tnrnish  NaliNlat'tory  lionds  for  the  Hchooncr  ./»»« 
Jltck  at  her  jircscnt  appraiKi'd  value  if  it  can  bn  cllcctcd,  Nulijcct  to  a  llnal  settlement 
of  the  matter,  and  witliont  the  expense  of  an  ai»peal  to  the  Sniiremo  Court. 

Ilavin;^  inysell  a  practical  know  led  ;;e  of  t  he  vahu)  of  such  jiroperty,  I  fully  coineido 
with  the  clainnint  that  tins  valuation  put  on  thcHchooners  (»;at"c  and  Doljihiit  ai  Sitka 
WiiH  excessive. 

'I'he  schooner  .i<l(i  is  owned  and  re^fistercd  at  Shan^liai,  Cliiini,  and  hei'  owiu-r,  who- 
ever he  may  he,  has  not  as  yet  madt^  claim  or  appear.ance. 

In  the  meantime  the  vessels  are  remote  from  my  tlistrict,  thus  f;reat!y  increasing 
the  responsihilily  of  their  safe  custody,  and  the  expense  t  hereof  const iint  iy  iiu'reiising. 

I  desiri-  io  lie  instrui  ted,  in  ease  vessels  ;ire  not  soon  solil  oi'  lionded,  what  fnrthcr 
action  to  take  in  reference  to  returning  to  my  district  and  leaving  the  vessels  in  charge 
of  IV  Hjiccial  ilcjiuty. 

\'ery  respect  In  1 1.\. 

HAitTo.N  Atkins, 
r lilted  Staii'H  Mnmhiil. 


I  Iiulosuio  Xo.  iM 
Ml.  AilitiK  ill  Mr.  diirlanti. 

DisrificT  or  Alaska, 
oi'iKi;  «)i'  I'Mri;!!  Statis  Maksiiai,, 

I'ortliinil,  Oriijoii,  .tiii/ust  'J.'),  IHHW. 

Sii;:  In  view  of  the  pri'sent  situation  relative  to  tli;i  ISritish  vessels  in  my  custody, 
now  moored  at  I'ort  'i'ownsend,  W.  'I'..  I  beg  leave  to  state  as  follows: 

'I'hat  all  of  said  vessels,  owing  to  tiie  'engtli  of  time  thev  have  been  out  of  coiunus- 
Nion,  are  in  a  dilapidated  condition,  ami  that  their  depreciation  in  value  is  coiistiiut 
and  ra]iid. 

That  they  are  small  in  size,  the  coniliined  tonnage  of  the  four  being  (Mily  '241)  tons. 

That  the  owner  of  the  iiniii  link,  (IriKr,  and  l)iili>liiii,  Caiit.  .1.  D.  AVarren,  of 
\'ictoria,  H.  ('.,  has  nolilieil  me  that  he  jiret'ers  that  the  (ivnn   and  liol/iliiii  should  be 


sold  without   further  dela\-, 


d  the    It 


/)'(('A' also,  unless  he   e.-tn   liond   that  vessel 


without  instituting  an  appeal  to  the  .*<u  lenie  Court  or  uuiking  a  Jourm-y  to  Sitka  for 
that  purpose. 

'I'hat  if  longer  held  in  custody  they  will  havi>  to  lie  removed  from  Tort  Townsend 
to  som«<  jdaee  secure  fr<im  I  In-  fail  and  winter  winds  for  permanent  nmorings.  All  of 
which  will  he  atteixied  by  much  greater  expense  comparalividy  than  has  heretofore 
been  re(|uire(l  for  tln'ir  safe  eustoily . 

I  do  luil  hesitat«>  to  reeomineud.  in  interest  of  :i!I  concerned,  that  the  vessels,  if  not 
bonded,  should  b(>  sold  without  delay. 

it  is  my  purpose  soon  to  repair  ti  I'ort  Townsend,  1  lii'rt>  to  a  wait  Departnu-nt  order.i. 


N'ery  respectfuily,  youi  olicilicul  servant, 


JiAnriiN  ArKiNs, 
I'liilid  .siiitin  MuvKhal. 


No.  5.?. 


.Mr.  liai/ard  to  Sir  A.  ,S'.  Sacl^riHe  West. 


Dkpaijtmknt  of  State, 
\V((.sliiii(/ti>n,  Scpfrmhcr  10,  1888. 
vSlK:  KcrciTiiijjj  to  previous  ('om'spondcnce  in  lolatioii  (o  llic  .sale  of 
the.  four  Hritish  ves.'^t'lH  coiHleiiiiied  for  takiiijr  sctiis  illicitly  in  llcliriji^ 
Sea  in  18S7,  I  have  tlie  honor  to  inform  yon  that  I  have,  rec^oived  ii  coni- 
niunieation  from  tho  A(;tiiij?  Attorncy-dciit'ial  of  the  3«l  instant,  in  which 
an  expression  of  my  views  is  reiiiiested  upon  the  jiropriety  of  an  im- 
mediate sale  of  the  vessels  in  view  of  certain  statements  made  in  re^jard 
to  them. 


SEAL    FLSIIKRIKS    IN    HKRING    SKA. 


73 


As  an  order  lor  the  ixistponoiiu'nt  of  tlic.  sale  and  tlic  boiidiiijr  of  the 
vessels  was  issued  hy  the  l)ei)aituH'ntol'.Iiistice,  in  conipMance  with  the 
lecjiu'st  of  Lord  Salisbury  coniniunicated  to  this  Department,  I  inclose 
herewith  a  eopy  of  the  lettei-  of  the  Actiii}::  Attorney -(Jencral,  toj,'t'lher 
with  its  inelosures,  and  will  be  j^^lad  to  learn  whether,  in  the  lij;htof  the 
facts  now  diselosed,  it  is  still  the  desire  of  his  lordship  that  the  sale 
should  not  be  jiroceeded  with. 
J  have,  etc., 

T.  1\  BAYAin). 


No.  r)4. 
Mr.  Jenhs  to  Mr.  llinjanL 

DKI'ARTMKNT    of    .Tl.STlCE, 

Washington,  iSejytciiibcr  2it,  1888.     (li«'ceived  September  27.) 

Sir:  I  have  the  honor  to  transmit  herewith  a  copy  of  a  U'tter  of  the 
7th  instant,  from  the  United  States  attorney  for  Alaska,  relative  to 
tlie  bonding;  of  the  condemned  scaling  vessels  holphin,  (trace,  Anna 
Beck,  ixnd  A(l((,  n\s()  a  coi)y  of  a  letter  of  the  10th  instant  Irom  T.  J. 
llamiltoti,  Tnited  States  marshal  for  Washington  Territory,  whom  Mar- 
shal Atkins,  of  Alaska,  has  appointed  as  his  deputy  in  the  ease.  Mr. 
JJamilton  reports  that  the  lour  vt'ssels  are  safely  mooted  at  Poi  t  Town- 
send,  and  will  be  held  sid)ject  t()lurther  instructions  ton;  iiiii";  their  sale. 
Su}?j;estinjj:  that  as  the  season  advances  the  jtrobability  of  reali/injj:  ii 
fair  price  for  the  vessels  will  be  coricspondinjily  diminished,  and  that 
the  expenses  attendin;4;  their  retentittn  by  the  marshal  are  constantly 
aceruiu};,  1  respectfully  refer  the  correspondencte  for  your  consideration 
and  siudi  recommendations  as  you  dei'iii  pioper  as  to  the  propriety  of 
their  speedy  disposal  by  sale. 
N'ery  resjieetfully, 

(1.  A.  .Iknks, 
Actin;/ Attoriici/dcneral. 


•.»•• 


I  Illrllisilli-    No.  1.  1 

Mr.  Ilitiiiillnii  III  Mi\  linrlond. 


'  1 


DlSTKICT    OK   WASIIIX(iT()N    TKIiltl  I  (iK"*  . 

OKKlCi;    OK    iNITKK    STAIKS    MaHSIIAI., 

Sratltr,  nui,li.,  ,ScpU;ml)vr  Iv,  li^HH. 
Sil! :  I  liavc  tlic  honor  to  stnti-  tliiit  mi  the  Ttli  iiistiun  Harfoii  Atkins,  v!it\,,  UnittMt 
Stiitrs  niaiMliiil  lor  AIiinIvii,  tranHtfi  iril  to  nic  tlic  (iiMlixly  of  tlit-  coiiilfiiini'fl  scliuontTH 
(Ifdfc,  Ditlphin,  Anna  Hick,  and  ,((/«,  and  apiioinlfd  nir  Ium  dcimtv  in  tin'  nsiial  torni, 
and  delivered  to  ino  llie  (>riy;inal  writs  of  rr/i(/i(i'(»/i  i.v}i<>ni\»  issncd  Iroin  tlie  I'nited 
StateH  (listrict  court  of  Alaska  for  I  lie  sale  of  said  schooners.  The  vessels  an^  safely 
moored  at  I'ort  'J'ownsend,  and  will  he  held  Miilijfet.  to  instructionH  from  the  Depart- 
ment tonchinj;  their  Hah-,  or  otiierdisposilioti  of  the  naine. 
\'erv  respeet  fully, 

I'.  .1.  Hamilton. 

I'nitid  Slaltx  Mdiihal. 


74 


si:a[.  fishkriks  iv  iikring  ska. 


llncluHiire  Xo.  2.| 

Mr.  (irant  la  Mr.  Garland. 

IJiSTKiiT  <»r  Alaska,  Distukt  Aitounky's  Oikick, 

Sitka,  SipUmhrr  7,  1H88. 
Siu:  Yours  of  August  10,  rccciviMl  ami  iioti'd.diroctinf;  In(^  to  tukii  hmcIi  sttijm  iis 
will  irail  to  tilt'  l)(t!i(liT)i^  of  tilt'  I'liiir  Mtijilish  vckscIh,  Poli/liiii,  (Iruce,  Anna  Itivk,  :ui(l  Ada. 
I  tlon't  know  tliat  you  iiiiiitTstimtl  tlin  sit  nation  of  tlicso  cases.  No  (h^fi'iist'  was  niatlf 
ill  tlit'iii,  tixfi'pi  tlm  tlfiiinrri'r  t)f  Mr.  l)rakt''s,  wliiuli  was  never  lili'il  ut  a  iileailin^. 
No  claim  was  ever  nnitlc  on  tlic  rcconls.  In  fact  no  action  ever  taken  flial , justified 
them  in  apiieariii;^  at  all.  Two  terms  oi  court  have  passcil  since,  ant!  no  action  taken. 
Of  course  if  they  come  in  ami  ask  to  apjiear  aiitl  make  (lefeiise  anil  to  litiml,  etc., 
I  will  act  aecortlinj;  tt)  your  Hn;j;;estioii  ;  hut  it  will  ht!  a  tpieer-ltiokin;;  record  if  the 
roiirl  :illt(WH  them  to  come  in  now.  Tlu)  i>rt)perty  w.as  all  appraisctl.  I  am  infttrimMl 
that  they  homlcil  one  vessel  on  tlm  sound,  but  refused  to  litind  tlui  others  hecanse 
apiiraisetl  ttio  hi;;h. 

In  the  meantinu'  the  order  t"or  sale  will  he  recalleil  when  the  marshal  returns. 
Mr.  I>rakt^  filed  a  stipulatiim  with  Mr.  Delaiuy,  acting  for  the   I'liitetl  States,  that 
if  a  decret-  of  ftirfeitnre  was  entered  the  vessel  shonlil  ht^  soltl    hclow.     'i'hat  is  the 
only  paper  liletl.     Drake  wonltln't  let  his  iiam<!  a])pear  as  attorney.     If  tht^  parties 
4ippear  here,  howi^ver,  I  will  try  and  help  them  iiiak«  ii  record  as  desired, 
liespect  fully, 

Whit.  M.  fJuANT, 

lHnlrkt  Altnrni'it. 


'So. 


ti.i. 


Mr.  lUnjard  to  Sir  I..  »V.  Saclwille  West. 

Dki'.^rtaiknt  Of  Statk, 

Washington,  Scptcmher  '21,  ISSS. 

Sir:  Jlcctirriiifj  to  the  snliji'ct  oFtlii'  four  IJritisli  vesscl.s  con(l«Mniio(l 
for  tak ill};  skills  illi(!itly  in  IJrliriii};-  S«'ii  in  1887,  I  liave  the  honor  to  in- 
form yon  that  1  have  recH'ived  from  the  At^tin^'  Attorney-deneral  a  hot- 
ter dati'il  the  IMMh  iii.staiit,  iiich».sii|o;  eopie.^  of  h'tters  from  tlie  iMiited 
iState.s  iittorney  for  Ahi.ska  and  llie  I'nited  States  maishal  for  \Va.sh- 
ington  Territory  of  the  7th  and  lotli  in.stants,  respectively,  in  relation  to 
the  same  matter. 

The  four  ve.s.sels,  the  stjjiooners  (trace,  Doljthin,  Anna  lleek,  and  Ada, 
have  l)een  transferred  hy  tlie  United  States  marslial  for  Alaska  to  the 
custody  of  the  United  States  marshal  for  Washiiioton  Territory,  and 
are  now  at  J'ort  Townseml,  subject  to  instructions  from  the  Depart- 
ment of -Instice  toiichiiiu  their  sale  or  otlu'r  <lisposition. 

Tiie  Department  is  iiiformecl  that  none  of  the  ves.sels  have  been 
bonded,  and  that  the  owners  of  thre»!  of  them  have  refn.sed  to  t  ik(i  that 
stei>,oii  Ihe  i^foiiiid  tliat  their  appraisement  was  too  lijoh.  Astht^season 
advances  tlui  ])robability  of  reali/ing  a  fair  prici'  for  the  vessels  will 
<liiiiinish,  and  the  expenses  incident  to  their  retention  by  the  marshal 
itre  necessarily  accriiinj;'. 

Thes(>  considerations  make  it  iiroper  that  a  decision  in  rcfjard  to  the 
{lisjiosition  of  thc^  vessels  should  sjieedily  be  reaidied,  and  1  have  the 
honor  to  recpiest  that,  if  it  '•.  desired  to  postpone  the  sale  still  further, 
the  Department  may  be  a.ssnred  at  an  etirly  day  that  an  arranjjement 
uill  be  made  whereby  the  vessels  may  be  saved  front  becoming  a  lOiSS. 
1  have,  etc., 

T.  F.  Bayard. 


SKAL    riSHKUIES    IN    UKRIXG    SEA. 


in 


No.  50. 
Mr.  Gatldtnl  to  Mr.  liai/dnl. 

DKPAUTMENT   <»K   .IlSTICK. 

Washiiiffton,  October  II,  1.S.S8.  (IJoceiviMl  October  \2.) 
Smj  :  I  liorowitli  inclose  (M)i)ii's  of  coiniiiniiicatioiis  icceivcd  from  W. 
M.  (Iraiit,  Uiiited  States  attorney  for  Alaskii,  I-'rom  the  facts  snhinit- 
ted  by  Iiini,  in  connection  with  those  (!oiitaine«l  in  my  letter  of  tJM^  L'«»tli 
of  September,  I  submit  wlietii«'r  it  will  not  b»^  (>xi)e(lient  and  for  the 
best  interest  both  of  the  United  States  and  adverse  ehiimants,  if  there 
be  such,  that  the  vessels  referred  to  be  sjieedily  sold.  An  answer  is 
desired  at  your  earliest  convenience. 
N'ery  respectfully, 

A.    n.   (lAULANI). 


I  Iii('li>f>iiri>  N'o.  l.l 

Mr.  (Irani  to  Mr.   (Inrlaiiil. 

DisTiiicT  OK  Alaska,  Disihk  t  A  i  ri)i!\F.v's  Oi  tick. 

.S|7/.(i,  S(  jilditlwr  '2U,  IHrt.-:.  ( l^•^•t■iv(■(l  <)rlt)h«T  I'J.) 
Sill :  Miii'sliiil  ri'hirnrd  from  Port  Towiisciid  says  no  vcsHt-l  wiis  IioimIimI,  anil  now  tin- 
jtaiticH  liavf  (onclndcd  lint  to  bond  and  w  ant  tlio  sale  to  j;o  on,  1>iil  I  sliall  instrncl 
tilt"  iiiarslial  to  await  i list iiic lions  from  you.  How  loni;  sliall  I  wait  Cor  llio  jiartics  to 
act.'  No  owners  liavo  a|)|icar)'d  on  tin-  ifcord  ;  the  iccord  docs  not  show  w  lio  llicy 
art'.  No  <daiins  arc ''lid  or  liond  lor  co.st.s  j^ivt-n.  'I'lif  cases  were  snlnniltcd  on  tlic 
a<;reemcnt  sij^ncd  l)y  Mr.  I>i'ake  lor  "  the  masters.''  and  I'li  liis  dennirrer  as  rcjirescnt- 
ative  of  (.'anatlian  (iov<'riinient. 
Very  resiicctfiilly, 

Wiirr.   M.  (ii!AM, 

Dixlrirl    Altitrxcij. 


\  Iinldsmc  N'o.  2. 1 

.ii/yiciiii  lit  lietirci  ii  tin'  I  nitcd  Sliitit  mill  llii;  iniintirs  o/'  tin   .sclntoiii  rs  -xiuil  in  1-""T. 

i\  TiiK  Kisiiticr  cot'itr  or  nii:   ri;i!iirr(>i;v  i>v  ai.aska. 

Tilt'  fiiiti'd  States  ik.  Ilic  I'.ritiHli  scliDdiiits  I>i'li,l:iii,  .iinia  Hnk,  (Iran-,  iiiiil   .\tla. 


Ski'Tkmijkh  in,  1887. 


M.    \V.   DUAKK. 
A.    K.    DKf.ANK.V. 

Altorniij  for  thr  Ciiited  Staten. 


70 


SKAL    IISHKIMKS    IN    HKIJING    SEA. 


No.  57. 

Lord  S(«Lvillc  to  Mr.  Uni/ay^l. 

IJevkulv,  October  I'J,  1S88.  (lU'ccivid  C)(!tobt'r  IG.) 
Sill:  With  rt'l'cn'iKH;  to  corri'siHtiuloiice  which  h;is  i);iss«'(l  rolativo 
tolhci  hoiidiiif;  of  th(^  JJrilish  ships  (Jrace,  Jhilpliin,  iiui\  Atnut  JUrk, 
\vhi<'h  wen*  seized  soiiit!  tiims  siiict!  in  Jichiiii;;'  Sea,  and  in  coniu'etion 
witli  thi*  tliioctioiiiS  {jivcii  by  the  United  States  Aetiii;;  Altoniey-Gon- 
eral  to  postpone  tiio  sale  of  tlie  sehooneis  and  to  receive  bonds  in  lieu 
of  the  \('ssels,  I  have  the  lionor  to  inch)se  extra(;t  from  an  appioved 
rniniile  of  the  i)rivy  council  of  ('ana<la,  and  to  inform  you  that  thoMar- 
(|uis  of  Salisbury  has  instructed  me  to  ask  that  tlu'  United  States  au- 
thorities may  \h-,  mov«'d  to  authorize  the  re-ai)praisement()f  the  schoon- 
ers (irave  and  holjihin,  and  that  instructi(»ns  may  be  aiven  in  the  cas«' 
of  tln'/Aiina  licclc  that  the  projxjsed  bonds  of  the  owner  may  be  ac(!epted 
sultject  to  a  linal  settlement  of  the  (piestion. 
I  have,  etc., 

Sackvu.LK. 


IIiu'loHiiro.  I 
Estravl  from  a  MiiniU  <»/  llu  I'rinj  Coiiinil  of  I'oiKtdu,  dated  Svplaiihir  IIO,  lHfi8. 

'I'lic  iniiiistcr  ot'initiiiif  iiiiil  lislierieH  (iliscivcs  tliat  cDpics  of  llic  corrpsiKHKloiicK 
iftViifd  to  ciiiitirin  the  iiitiiiiation  coiivcvcd  liv  the  aliovc  ti'Ifj^iaiii  tliat  an  onltT  I'nr 
tlif  jKistiMHiciiit'iit  «il'  tlif  salt'  aixl  iicnriitl  in;;  llic  iHtntliii;;  (if  llu'sr  vessels  at  the 
value  alieatly  ajjiiraised,  had  been  inaile  li\  t  lie  I  )ej)arl  riieiit  of  .Just  ice  at  WuHhiiiKttMi, 
ill  einii|iliaiiii'  with  the  n(|iiesl  of  Lord  Salisliiny. 

.Siilise<|iient  to  the  receipt  id'  this  order,  the  I'liited  States  iiiaishal  at  Seattle, 
Wash.,  inroiiiied  the  Attoriiey-(ieiieiai  tor  tlie  liiited  Stales  that  the  owners  of 
the  schooners  .lima  lU'<k,  (intcf,  and  Ihljiliiii  elaiined  tlial  not  only  was  the  ap|ii'ai8e- 
iiient  made  at  Sitka  Ji  year  jtrevioiisly ,  excessive  hiil  that  thii  value  id'  the  vessids  on 
atu'diint  of  the  iiicleineiit  climate  at  Alaska  had  in  the  mean  time  heeii  constantly 
depreciating;,  and  t hey  t hendore  declined  to  hoiid  them,  with  tluM'\c(  ption  (d"  f he 
.lima  /.'<'(7,,at  siudi  ;ip]iraiseinent,  Itnt  rci|iiested  anew  appraisement,  and  state*!  that 
if  a.  new  ai>piaisemenl  w  as  not  allowed  t  he  owner  desire<l  the  sale  slum  hi   proceed. 

It  fiirlher  uppiMi'H  from  thtt  same  coinmnnic.'ition,  that  in  tlit*  case  <d°  one  of  the 
vessels,  I  he  ./()//((  Htcli,  the  owner  is  will iiii;  to  furnish  satisfactory  bonds,  at  llie  v.-ilne, 
already  ;ippiais:'d,  if  (his  can  he  done,  siiliject  to  a  tinal  settlement  of  the  malt;-r.  and 
without  necessitating;  an  ajipeal  to  liie  Supreme  Court  of  the  I'nited  Slates. 

The  minister  further  ( disc  rves  that,  loiichiiif;  r  he  <|  nest  ion  of  excessive  aiipiaisenient, 
tlie  United  Status  marshal  states  as  lollows:  "Ilaviiif;  mysidf  a  |iraclical  knowled<;e 
of  tliu  value  ol'  Hiich  |>rop(>rty,  I  fully  coinciile  witli  the  claimant,  that  the  valuation 
put  on  th(!  schooners  (Iraic  und  Ihiljiliin  wan  excessive." 


No.  58. 
Mr.  liircs  to  Mr.  (larland. 

DErARTMENT   OF   STATE, 

WttiiliiHtitoii,  (h'tnltcr  17,  188>S. 

SiU:  ]{( lerrinj;  to  your  letter  of  the  lltli  instant,  in  relation  to  the 
])osti)onenient  of  the  sale  of  the  IJritish  schooners  condemiu'd  for  tak- 
iufj  .seals  in  llehrin^'  Sea  in  1887,  1  have  the  honor  to  inclose  herewith  a 
copy  of  a  note  receivetl  yesterday  from  the  Uritish  minister,  bearing; 


NKAL    FISIIKIJIES    IN    HKUIN(;    STA. 


i  t 


<l;it('tli«*  ll'tli  iiistaiil.  on  tlu'  sniiH'  siiltjcrt  ;  iind  slmll  Uc  <x]:n\  touMM'ivr 
an  cNpn'ssion  of  ,\oiir  vi»>\vs  on  the  ;iiiiin;;t'nn'nt  proposed  h_\  tin-  Hrit- 
jsli  (iovj'inuK'nf  HI  rci^iiid  to  tin*  (li.sp<i.sition  ol'  llu*  vessels. 
I  Inivi'.  ett'.. 

(I.  I,.    K'lVKS. 


No. .".!». 
Mr.  a  aria  ml  to  Mr.  Jiayanl. 

nKI'AKT.MKM    oF   ,h  STK'K. 

Wanliinfitnii^  (fctohir  L'U,  l.S.ss.     (  L'eecived  ( )etolier  L'L'.) 
Siu:  Ily  V'lir  coinnitiiiiention  of  tlu'  ITtli  of  Oetohcr,  ISSS.  vou  re 


hiu:  iiy  V'lir  coinnitiinennon  or  \uv  i<rn  ot  tieiooer,  i^.^«.  vou  re 
tpiest  '-an  expiossion  of  my  views  on  tlu'  arranjrement  jn'oiiosed  l)y  llie 
llrilisli  (lovernineiit  in  ic^ai'd  to  f  lie  dispo>;i!  ofl  lie  vessels  "'  (harr.  hoi- 
7W(/»,  and  Ainxt  lUuk.  'I'lie  ai  ran;:enieiit  referred  to  is  tlia!  the  I'liited 
Stati's  antliorizo  a  roappraiseinent  ol  tin' sclMtoners  (inice  and  holphin, 
iind  that  instnwtioiis  l»e  ^dveii  in  liie  <'ase  (»f  the  Anna  lUrl;  [\\\\\  bonds 

ikl*      tltit      IkVt'llliI*       tll'lV     Kli     •!  1*1  »|  •  I  if  lu  I        Cltllilti't        fik        tlltfi     lillMI       Vi  it  t  llilll  i  •  1 1  t     lif       tllli 


'I'liut  tlu' (iwiKT  of  llu'  Jiiiiii  Hfvk.  (iviiir.  initl  li^l/iliiii,  (';i)it.  .1.  W.  \\';irrcii.  of  Vic- 
toria.  It.  (!.,  iiotilii'tl  iiii-  [liiiii  ]  tliiit  li<-  |ii<'ti'rs  tliiil  tlit-  (irtnv  ;iih1  ])(>li>liiii  >li()iil(l  In- 
.xnld  witlioiit  I'ltrtlicr  ili'lay,  and  tin"  .Unia  /■'<(•/.  also,  iiiilfsx  lie  I'aii  l)oii(l  lliaf  M'ssri 
witlioiir  iiiNJi!  iitiii;;  an  apitciil  lo  tlic  Snpniim  Comt  or  iiiaKiii;;  I  ln'  joiinify  toSitl^a 
till-  tliat  iiiinioMC. 


\'eiy  ii'spect  fnlly, 


A.    II.   (lAin.ANI). 


No.  <;(>. 

Mr.  Hai/ard  to  Mr.  (iarlamJ. 

Dki'autmknt  of  St  ATI"., 

WasliiiKjtoii,  ( htolxr '21 ,  1S8S. 

SiK  :   IJeteninji   to   previous  <'(M'responden('e  eoneernin}.j   tlu'  dispo 
sition  of  tin'  Uritish  \cssels  (Irace.  lUtli)hi)i.,i\\n\  Anna  IU'ch\  condemned 
for  taking  seals  illicitly  in   IJelirin^  Sea.  1  have  the  hoiioi-  !<►  a(d<no\vl- 
edj:e  the  receipt  of  your  letter  of  the  -(Uh  instant  on  the  suWJet-t,  and 


78 


8KAL    riSllKHIIlH    IN    IIKKING    SEA. 


to  say  in  icjdy  tliat,  iit.<l«'r  \\w  circmiistJiiM'cs,  tlu»  wiser  couise  for  all 
<u)iic«*MM'il  is  to  let  llm  sal*'  rakr  i>lac't'  at  oner,  as  <lt'la\  is  iiii|»racti<*al)h' 
ami  can  only  li(>  |)r*i(iu(;tiv(<  ut'loMs. 
I  liavf,  etc., 

T.    r.    I5AYAUI). 


No.  01. 


of 
Iv 

ta 
as 


Mr.  Garland  to  Mr.  liayurd. 

Dkpaktmknt  of  .TrsTi(;K, 
Washi.'tfjhm.  Xorcmhcr  14,  l.S.S(S.     (lU'coived  NovchiIkt  1(».) 

JSiU:  I  have  the  lionor  to  acknowlcdj,'!' ro(!('i|)t  of  your  coniniunication 
tiic  L'Ttii  ultimo,  ('onccrninj,'  the  (lisjtosition  of  the  Hritish  vessels  now 
iv'fi  at  Tort  Townsend,  Wash.,  and  toinfonnyou  that  T.  .F.  Jlamilton, 
'jtuty  United  States  niarsiial  in  eharjje,  lias  this  day  been  direcrted  to 
ke  the  necessary  steps  to  ell'ect  the  sale  of  the  four  vessels  as  sjieetlily 
jiossilile. 

\'ery  respectfidly, 

A.    II.  (lARLANl). 


No.  iV2. 
Mr.  lUvjard  to  Mr.  (larlnnd. 

DKrARTMENT    OF   HtATK, 

Washitu/ton,  Nortmber  17,  1888. 

Sill:  I  have  the  honor  to  acknowledge  th«^  receipt  of  your  letter  of 
the  14th  instant,  statinj;  that  Deputy  United  States  Marshal  T.  J. 
llaniilt(UJ,  in  <'har<?e  of  the  four  llrijsh  vessels  now  lyiii<j:  at  Port  Town- 
sen«l.  Wash.,  has  i>een  directed  to  take  steps  lor  their  spe<Mly  sale,  and 
to  say  in  reply  that  the  Department  will  be  j,'la(l  to  be  informed  of  what 
may  be  done  by  that  olliccr  uniler  the  order  in  (piestion. 
1  have,  etc., 

T.  F.  Bavaud. 


No.  (;.{. 

Mr.  Herbert  to  Mr.  liivjnrd. 

WASiiiNfJToN,  Xorember  23,  ISSS.     (Keceived  Novendter  2.'{.) 

Sill:  With  relerenct'  to  your  not<' of  September  27  last,  respectinj; 
the  sale  of  four  British  xcssels  condemned  for  taking  seals  illicitly  in 
Behrinj,'  Sea,  in  ISST,  I  have  the  honor  to  slate  that  I  iiave  this  day 
instructicMisfrom  the  Mar(piis  of  Salisbury  to  inlorm.Nou  that  tiu*  owners 
of  tlu'  Ada  do  not  object  to  the  orijiinal  ppraisement. 
1  have,  etc. 

Aimnif    IlKRllKKT, 

I'or  M.  II.  llKi{in:i{T. 


SKAI.  nsiiKiMKs  i\   in;inN(i  ska. 


70 


No.  (j4. 

Mr.  Jitn/dnl  tn  Mr.  (hitlond. 

Dkpaktmkn  r  of  Statk, 

WdHliiiHjtou^  yonnihvr  -7,  1.SS8. 
Sill:  lirfcniiif.'  lo  tlic  Icttor  ol"  voiii-  I)('|taitMi»'iit  of  Sriitt'iiihcr  LMl 
la.sf,  rcsjit'cliii;;  llit' siilr  (.f  loiii'  liiilisli  vessels  ('oiMlciiim'tl  lor  tiiUiny; 
seals  illieitly  in  lU'liiiii;;  Sta,  in  1.S.S7,  I  liav«'  tlie  Iioimh-  to  iiutlos*'  a 
<!oi>.v  ol'  a  note  of  the  liiilisli  j'liar;^*'  "'/  interim,  by  wliieli  it  ajtpeais  that 
tlie  owners  of  the  AiimXo  not  object  to  tlie  ori;;inal  appraisement. 
I  have,  etc., 

T.  F.  r.AVAun. 


o.  (».). 


Mr.  Hai/ard  to  Mr.  Jhrhcrt. 

I)i;PAKTMl",NT   OK   STATK, 

WdKliinifton,  Nor(')nber  28,  1888. 
Sill :  I  liave  the  honor  to  aelvnowhMlj^c  tlie  receipt  of, your  note  of  tlm 
-.'{(1  instant,  statin;,'  that  the  owneis  of  the  Aiht,  one  of  the  fonr  Uritish 
vessels  eondeinned  for  taking;  s«'als  iUicitly  in  Iiehrin;;  Sea,  do  not  ob- 
ject to  the  ori;;inal  appiaiseinent,  and  to  say  that  I  have  made  known 
the  eont«'nts  tiiereot  to  the  Att»)iiiey(leneral. 
1  have,  etc., 

T.  F.  Bavaiid. 


>■«).  (Ki. 

Mr.  Ilrrhcrt  to  Mr.  lUnjard. 

Wa.siiixgton,  Dcicinhcr^t,  ISSS.  (Heeeived  I)eeend)er  ">.) 
Sir:  With  reference  to  the  case  of  the  seizure  of  four  IJritish  sealin;x 
ships  in  JJehrii;;^  Sea,  I  have  the  honor  to  inclose,  tor  convenience  of 
icference,  «!opy  of  Lord  Sac^kville's  dis|)atch  of  Octolter  lli*  (without  its 
inclosure)  to  your  Department,  as  I  have  been  instructed  by  the  Mar- 
(juis  of  Salisbury  to  <!all  your  attention  to  tln^  fact  that  up  to  the 
present  no  answer  has  been  received,  and  to  be;^  the  favor  of  an  early 
reply. 

I  have,  ct<!., 

AllTin  U    IlKKJfKUT, 
For  M.  11.  IlKUHKKT. 


No.  (m. 
Mr.  l!iti;<n(l  to  Mr.  Herbert. 

J)K1'AI{TMENT    OF   StATK. 

\\i(Nliiiujtoii,  Jkrcinhtr  10,  KSSS. 

Sill :  I  have  the  honor  to  acknowledjire  the  leceipt  of  your  note  of  tlio 
5lli  instant,  in  which  you  call  attention  totln^  note  of  Jiord  Sackville  of 
the  llith  of  Octidx'i-  last,  in  relation  to  the  reapijraisement  of  three  of 

•  Soe  mipni,  No.  f)?. 


80 


SKAL    FI.SMKRIHS    IN    HKIilNO    SKA. 


tlu'  lour  ISiilisIi  scIiooihm.s sei/AMl  and  (joimIciimmmI  loi  iliicitly  takiii;^:  seals 
ill  Belli  in;;  Sea  in  ISST. 

Tlio  note  reCened  to  was  at  once  coniiminicated  to  the  Departiiient  of 
.Tnsti(;e,  with  a  i'e(|in'st  loc  an  opinion  upon  the  (pnstion  oC  reappraise- 
MMMil.  Some  tinii'  pievionslv,  upon  the  reipiest  of  the  Maifjnis  ol'  Salis- 
bury, the  sale  of  tlu^  schooners  had  been  stayed  by  this  (loverr.nu'ur.  in 
order  t  hat  full  opportunity  ini;;ht  be  niven  to  their  owiu'is  to  make  some 
arran^^euient  wheiJ'by  t hey  mi;ilit  beeo'ue  repossessed  of  the  v«'ssels. 
On  the  11th  of  Oetoiiei',  the  day  |)re(;ediu;ir  the  date;  of  th«'  note  of  liOi'd 
Saekville,  abov«»  referred  to,  the  Attcn'ueydeneial  wrote  to  this  Depart- 
UM'nt  a,  letter,  copy  ot'  which  is  inclosed,  in  which  he  intimated  an  o})inion 
that  till'  interests  of  both  the  I'niteil  Stales  and  of  the  claimants  would 
be  liest  subserved  by  a  spi'cdy  s;ile  of  the  vessels.  iJy  this  letter  it  ap- 
])ears  that,  although  the  schooners  had  lon^  since  been  <'ondemned,  no 
claims  had  been  lileil  by  their  owners,  ami  no  bonils  ,<;iven  for  costs, 
Nevei  thelcss,  the  hepartnu-nt  auain  <'onsulte(l  the  Department  of  .lus- 
tice  in're;;ard  to  the  proposition  containetl  in  the  note  under  date  of 
the  r_Mh  of  October.  Under  date  of  the  L'iJth  ;.f  October  last  a  r<'ply 
fi'(»m  the  Afforney  (letu'ral  was  r.'cei\ed,  copy  of  which  is  inclosed.  To 
this  i  made  answei-oii  the  L'Tth  of  ()clol>er,  expressin;;-  my  comMirreiMte 
in  the  \  iew  ol"  the  Atlorney-( Jeneral  that,  under  the  circumstances  the 
wiser  couise  for  all  concerned  was  to  let  the  Kale  of  the  vessels  take 
jtlace  at  once,  as  delay  seetiud  impracticable,  and  could  only  be  produc- 
tive ot"  loss. 

On  the  Mill  of  last  month  tlu^  Attorney-(ren(>ral  informed  me  thai  he 
lunl  that  day  directed  the  I'liited  .States  maishal  ii  char;,'e  <d'  the  \es- 
sels  at  l*«Ml  Townsend,  Wash.,  to  take  the  necessary  steps  to  etfect  a 
sale  of  the  lour  vessels  as  speedily  as  possd)le.  Siiu-e  that  time  no  cor- 
i-espondence  (»!•  the  subject  has  taken  place  with  tln^  Deparlmenr  of 
flustice,  except  a.  nMpu-st  fiom  this  i  department  on  the  17th  ultimo  that 
it  ini;;lit  be  infanneil  of  the  pro(!eedin;js  of  tlui  maishal  under  the  order 
above  stated.  When  a  resp(uis«>  to  this  reipiest  shall  ha\<'  been  re- 
ceived you  will  be  duly  advisetl  of  its  contents. 
I  have,  et<*., 

T.    I'.    r.AVAUl). 


No.  ;us.j 


No.  (IS. 
Mr.  Strrvits  to  Mr.  Ii'iri.s. 


r'ON.Sfl.A'IK   ni"    Till'.    I'mikI)   SlAtl'.S    ol"    AMKKK'A. 

Victoria,  Ih  ilislt   Coliimhi((,   lhrrmtnr'.\\^  18.SS. 

(deceived  .Ian miry  111,  1SH!».) 

Sii;  :  inl'oi  niation  casually  received  this  mornin;^"  leads  me  to  believe 
thai  this  dispatch,  with  inclo.sures.  ma>  prov**  of  interest. 

I  am  the  ?ii<ue  induced  to  make  the  report  inasmu(di  as  my  No.  ."iTl. 
of  Oc,t(d)er  s  last,  upon  the  same  subject,  the  .std/ure  oH"  Copper  IslantI 
on  .lul>  1  last  dt"  the  Ilrilish  sealiui^  schooner -I /v/jn«r(//  trives  !>u!  i 
brief  account  iheretd,  ;)ittained  from  the  owners  of  the  Ardinitili,  ami 
l"r(uu  t  he  public  press,  befort^  the  arrival  here  of  I  he  umster  of  the  vessel, 
and  was  cousetpiently  andti^^uoiis  in  soun*  minor  particulars. 

I  am  now  enabled  to  ;;i\('  a  moie  ciriaimslanlial  acc-ant  of  the  seiz- 
ure, as  Captain  Siewaid,  late  master  of  the  Aniunnh,  has  recently  jjiven 
me  lull  particulars  of  the  st'i/.ure  of  the  \  t-ssel  and  his  subseipieiit  pro- 


SEA  I,    riSHKKIKS    IN'    HKlMNff    SKA. 


81 


<;ce<liiij;s,  and  lias  Irft  with  nie  for  ])orii.sjiI  all  paiH-rs  in  liis  possession 
conceiniiij;'  tlie  case,  heinj,^  Ictteis — one  Ironi  the  .Mar(|iiisot"  Salislmry — 
(topics  of  teieyrains,  dnifiiani  showiiif,'  the  jjosition  of  the  Aruuuah  with 
icfeienee  to('opj»er  Ishind,  at  tiie  inonient.  of  sfi/iiic,  (Mip.v  M^i  treaty 
of  .Marcli  .")(>,  18(57,  between  the;  I'nited  States  and  Kussia,  and  copy  of 
the  <-ai»tain's  statement  to  Her  Iliilanni-.;  Majesty's  amliassador  at  St. 
rdershnrn",  sif^ned  liy  the  captain  and  part  ot  crew,  and  sworn  to  he- 
fore  Her  Uritish  Majesty's  consnl  at  Najxasaki  ;  of  which  I  send  only 
copies  of  those  nnist  pertinent,  especially  the  lastnaintMl  |»apei'. 

Captain  Sieward  informs  me  ihat  the  ajjents  of  the  Jlritish  (iov«'rn- 
ment  provided  fnlly  for  the  expenses — save  those  ])aid  l»y  tlie  Knssian 
(lovernment  at  Tetropolovski — and  transportati«»n  «tf  himself  and  tln^ 
crew  of  the  sei/ed  vessel  to  this  point,  excej)!  a  \i'ry  small  personal 
onthiy. 

1  am,  <'tc., 

iiOUKI.'T   .1.    SlKVlCNS. 


(lucliisiii'i-  Nu.l  in  Nil.  »*. — Kxtiiirt.] 

Sir  /,',  /{.  //.  .)/()»•)'()■  to    MiHxru.  ii'r'l  (luil  tioiiitl. 

St.   I'ki  KKMUKt..  Xon  iiilxr  :\0,  l-'SH. 
(iK.N'l  l.r..Mi:N :  lluvin^  rcci'ivril  tin-  liiiiil  coiMiiiiiiiicatioii  ',n  iiicli   vkh  IiikI  :iiiiiimiiic<mI 
("roiii  till'  iiiji.sttT  of  till'  .Iruumili,  1  liavr  .sulnuilti'il  tlii'  wiiolc  ca.sc  to  a  carrt'iil  I'saiii- 
ination  willi  a  view  ol'laviii;.;  It  hclnri'  tin-  liii.s.siaii  (ioviTiiiiiriit. 

.\ti!f|-i  in  inailo  l>y  Mr.  Slew  ar<l  of  I  lie  .slati'inriif  o!'  ( Irnlnirtzky  that  In-  would  liavtr 
M'l/nl  111*' ,(rrt«Hf(/i  li;wl  mIic  Ixtii  (illiii  out  w  it  li  apiiaiiit  ii?*  I'or  .si'al-i'atcliiii;;  aii>  \v1iit»» 
witliiii  1IK9  mill's  Noii«b  o('( 'o'Minaiiilcr  Jslaiid.s.  liail  ix*  assi;;ni'(l  tills  a.s  liis  ti'iii*  mo- 
li\>'  lor  iMi>tiiriMjj  tli<-  .«<!iii>  the  <a.s(>  would  In-  a  vi'iy  ^invc  oui",  Itut  lis  lie  lias  jiivtni 
Ills  iHoilvi'.s  lor  fai>tiiriii>;  tln'  sliip  in  a  wrilti-n  di'idaiation.  \vv  avf  liouiid  to  jio  l»y 
that,  and  arc  u<><  at  lilMity  to  ^i»  oulnido  tlijs  dfolaration  and  .siiinisc  df  a  docuuicnt 
«i;in«'d  iin<l  .si>a!i  li  hy  anylliiii;;  lk»'  may  havr  hai«I  I'ira  rove. 

It  a|i|M'ars  ti)  mr  that  it  in  o-t'  <-.\tri'mo  iin|ioilan<i'  to  t.otr  tlic  i-xact  woiils  of  tliis 
( t'liilii'ati',  'aIiu'Ii  docs  not  sla.rc  that  Ik-  couliscatcd  the  schooinr  lor  hiimj  within 
cuHiouis  iinii'.  Iiul  tor  .soal-luvMinv; '  within  tin-  cnstoms  liiuil  oi'  Mcilay  (Sled way) 
iHlaud. 

The  conversation  hctwciMi  Sicwaid  aii<'  ''ajdain  tironliciy,  of  which  an  alUdavit  i.s 
•;ivcn  in  Mr.  Sii'ward's  letter  of"  Oclidii-r  \f.  flirnws  noli/ht  ii|ion  the  .subject,  liccanso 
all  that  ('aptain  (Ironhcij^  voiichsat'cs  to  .say  is  that  rhc  sidHiciicr  was  "ahoiit  ca.st 
hysoiilhand  a  half  soiitli  distant  :i  miles  I'roin  t^c  sfiitthcast  (loint  of  tlit- island," 
winch  iiii>{ht  leave  lierjiist  iiiHid«*  or  just  oiiLsidc  t.^  limit.  It  is  tlit>rct"or,»>  perfectly 
dear  that  the  f;ronnd  tiicy  w  ill  take  ii|i  will  lie  tliat  the  <aii<i«'H  and  not  the  scliooner 
wciT  within  t  he  liniils. 

>  •  '  •  m  0  f 

I  am.  etc., 

K.    I'..    I'.  M'l/niH. 


[III.  limiit.  ■_'  In  Xii.    ;*i.  j 
'  iijildiii  Siiiidiil  III  Ml.  lUhiiiuj,  Hit-  /iiiiinh  Mdjish/it  (  lmr>ii  d' HVaui  ^.  St.  I'lin-iibinij. 

I  »i-.Ati  Mil  :  K'c;;aidin;;  the  8oi/ure  of  the  Uritish  scaliii;;  Hi'lmoner  Atninnili,  of  Vn-. 
ton  a,  Ih'il  i>li  Coluinliia,  li\  .M.  (hoImii  t/Ky,  on  t  he  liiis-ian  iiieiilianl  iiiaii  .\l)  raiiilir  1 1, 
lor  alleged  violation  ol  the  lishin^  and  hniitin;;  laws  of  ihe  |iii|icriiil  WnHsian  (o>vi>rn 
inent,  ol  which  !  infoniied  yon  in  my  d;s|iat<li  of  Aiiniisl  ;•,  \^'*>,  from  Vladivostock, 
1  now  ieN|)cctnilly  Miliiiiit  the  following  fads:  On  July  I.  l-r."*,  at  «i.;MI  ii.  m.,  (luriii>( 
a  heavy  fo^  and  calm,  I  calculated  the  sthnoiicr's  poHJtion  to  l,e  1(5  niilcH  sontliliy  went, 

'  'rii«>  meaning  of  this  k  that   the  sc.il  hnntmn  heiii;^  done  liom  r.inocH,  they  were 
witliin  the  limit. 

S.  Kx.  KMJ — <; 


82 


SEAL    FISIIERIKS    IN    MKKI.N(i    SKA. 


<>(■  tlic  si>iitlM  I'll  (xt  ii'iiic  <>l'  <'(iji])rr  or  Mid  way  In1:iih1.  .Iiuljjin;;  iiiyHflf  in  tlic  (i|icii 
waters  of  t  ho  Nnrili  J'acilic  Ocfiiii,  1  tiidcifd  flit^  caiim  h  out  lor  liiiiit  in;!;.  At  al)i>iit 
7. Ill)  a.  III.  tlic  tii;;  lillt'd,  wlii-n  tlic  hclKiiiiicr  waH  Iniwid  to  )m- caKl  hy  sniitli  alioiit  (> 
to  H  niilcN  lilHtaiii  IrdUi  tlic  stiiitlicin  rxticnii*  ol'  island,  witli  tlic  canncs  oiil  to  tlic 
^o^tlland  west  id  s<'liooncr.  Wlicn  in  tlii.s  jiosition  )i  .steamer  v\;is  hi^ihted.  \\lii(di 
tioie  ati  oiiec  diiwi)  upon  ns,  |>i()\infX  to  lie  tlic  ,\l;iHka  ( 'iniiiiicreial  ('oin|taiiy'N 
Htcanicr  .ll(\raii<liv  II,  llyin;;  at  peak  tlie  Rn.'-Hiaii  iiiciidiant  enNi;.ni  and  at  ninin- 
to]i  a  j^recii  IIji;;  wiili  w'iie  ei'o.sH.  \\  lien  ne;ii,  tl:e  Nchooner  w  .is  hailed,  and  I. 
the  master,  \\;is  ii-kcd  to  ednie  alioiird  siciiiniT,  wliicli  1  diii  ;  wlicn  on  sieamer'n 
deck  I  \\;i.s  inroinied  by  ,Mf,  (Iroliiii  l/.ky  t  li;i!  he  would  (■onliseale  the  Nihooner  •or 
liein};  wjtliin  the  limit.  'I  his  I  denied.  Init  was  im^wt'icd  lh:it  the  lionndai'v  fan 
iVoni  Ciiiic  l.:i|iiitka  to  the  Island  ol'  .\lton.  and  that  1  eoiild  iniitesl  a;,'iniif-l  the  sci/,- 
urc  to  the  am  hoiiiics  at  Vladivostoek,  ivlicre  the  ense  svonid  lie  forw  ardeil.  Ah  the 
otlieer  |ii'odiu-ed  no  iloeniiieulaiy  evidence  <>f  his  antlnifity,  I  asked  iipnn  what  au- 
thority the  sei/nre  was  niiide,  ill  aiiHWiT  to  which  the  olliccr  pointed  to  the  Han  at 
maintop  sav  in;;'.  "  TlicfH  is  my  iintho' ity."  The  ollieers  and  i  rew  <d'  schooner  were 
then  ni.'ide  prisoners  and  triinsCerred  ;iho;iid  sieamcr  .l/c.l■((»(^^.  The  schooner  w.'is 
lowed  to  the  settlement  (Jlinka,  on  (  upper  Island,  w  here  the  skills,  l;i;!,  w  ere  liindcd  at 
compaii\'s  warchoiiM'.  Here  1  h:id  lo  deliver  the  schoeiici's  pjipcis  to  oiliecr  (indiiii- 
1  /ky .  Iicl'oif  doin^so,  I  demanded  .'i  iiapcrsliil  in;;  t  he  rciison  of  (■onlisiat  ion,  which  1  t'oi  - 
waiil  hei'ew  it  li,  :iiid  a  cnjiy  of  w  liicli  I  » :is  asked  lo  si  en  iillcr  it  ha  vin;;  liecn  t  lanshitcd 
l(.  me  hy  Mr.  .1.  M;illcw  ,in>ky.  It  rend  in  si.  ipslanee  lliiil  this  d:iy  the  xdiooiier  .Irdiiiiuli 
liMil  liccn  eoiilisc.iied  tor  liiin  I  iiiji  within  t  he  limits  of  the  Kiir,siaii  posse,  s  ions.  1  here  no- 
tilied  Mr.  ( iiolinrl/ky.  in  pieseiiceof.Mr.  .1.  .M:il!e\\ansky.  ol  my  jiroicst  a  ;;ai  list  this  seiz- 
ure, which  |iioiesi  I  would  make  het'orc  nciircst  representaliN  f  «it  Her  llrilish  M.-ijcsly's 
(Joveinmcnl,  and  in  aci'ordam  t<  with  advice  in  yonr  T.  (J.  olAii^iiist  l.'t,  l-^--,  have  to 
atlmiral  and  Ho\(>rnor  cd  N'aldivoslock,  the  ceiiilled  copy  ot  w  hicli  I  send  hen- with.  The 
schooner  was  I  hen  l)ion;;|it  to  I'etropolwvsky  hy  a  crew  id' steamer  Alcsoiulrr,  wl. ere  upon 
arri  v;il  of  schooner  i  he  salt  stores,  pro\  isions,  iind  also  p.irl  ot' persona  I  projierty  id' crew  , 
were  sold  hy  Mr.  ( Iroliiii  t/ky  w  ilhoiit  llicconliscai  ion  h.'iviii;;  liecii  dedait'd  le;iai  hy  an\ 
authority  t  hall  his  own.  I  must  add  that  we  had  no  intent  ion  whatever  to  viohile 
the  laws  ol'  the  Imperial  Hoyal  ( Io\  criimeiit.  hiii  intended  to  folluw  ihe  hiiiitin;;  in 
till'  open  wall-Is  (d'  (he  North  I'acilie  Ocean,  neither  had  we  any  meaiiH  to  do  other- 
wise, as  the  hull  tin;;  on  Hit  of  .'schooner  consisted  of  six  Indian  'amies  manned  hy  two 
N'ancoiivcr  Indians  e.-ieh.  had  no  tire  arms  al>o:ird,  save  lliiee  oiil  mii//,le-liiadiii;4  sliot- 
;;iiiis,  heir.;;  the  property  of  some  ot'  l  he  1  ml  i, a  lis,  also  one  shot  i;nii  and  one  rille,  hoiii;; 
t he  jpcrsoiial  ]iidperty  of  some  of  the  meinhers  ot   the  crew. 

l-'rom  the  l'ore;;oin;;  il  will  he  .-Mcn  that  the  schooner  was  set  hy  ."in  nnkiiown  cur- 
rent, not  marked  upon  eliarl,  diiiiii;;  the  fo;;  to  the  north  ami  east  of  hcrcoiiise,  and  . 
tliC!  catioes  havin;;  hit  the  sehooncr  diiriii).;  the  I'o;^,  when  there  was  no  land  in  si;;lir 
nor  any  \isihle  hi;;ii  to  provi>  the  lalcniated  |Mmitioii  erroneoiiH.  will  exidaiii  the 
]iosition  of  canoes  at  t  iiiie  of  .seizure  ;  alHo  that  the  Ncliooner  was  iiwt  less  than  the 
est  iniated  (i  miles  t'roin  land  is  cdearly  proven  hy  the  .ih.raiiiUr  Nleaiiiin;;  two  hoiiis 
and  forty  minutes  at  a  rale  ot'  (>  knots  |icr  hour  (see  steamer  eii'^ineei's  lo;;)  Iroin 
jioint  of  seizure  to  (ilinka,  whi<'h  is  7  miles  from  south  point  of  island.  This  can  h<^ 
demonstrated  on  chart  or  dia;;iaiii  herewiih,  showin;;  that  it  was  im|iossihl<!  for 
schooner  to  have  hceii,  as  alle;;ed,  wil  hiii  :;-mile  limit  or  ;;nnshol  limit.  As  fo  tin* 
i;t:{  seal  skins  loiind  .•ihoard,  I  refer  to  schooner's  Hshiiin  loj;,  now  in  tlm  hands  of  Im- 
perial h'lissian  (Government.  I  also  heg  to  cal)  attention  to  the  fact  that  the  st>-amcr 
.\lixiuiilir  II  IS  owned  h\  the  Alaska  t'oiiiiiiiTcial  Coiiipaiiy,  who  arc  also  the  lewsecN 
(d'  Copper  and  Ihlirin;;  Islamls. 

As  to  the  rtdiahilits  of  the  Htatenient  <if  Mr.  (ir<diiirtzky  a.H  to  lln'  true  )iosition  of 
schooner  at  time  id'  seizure  I  will  say  ilia!  Mr.  (tiidmrtzky  is  no  m.-irim-r,  and  c<inse- 
ijiicntly  no  (Miiiipeleiit  .jiidy;e  to  personally  determine  the  exact  position  ,if  Hchooiier. 
Flirt hermore,  1  learned  while  prisoner  ahoard  id'  .{Ivxnvdir  that  mither  tin-  litst  nor 
Kccoml  tdlicer  <d"  sleaiiier  had  heen  called  wpon  hy  ('a(iiain  (Jreeiihnrt;,  <d"  s|i-amer,  to 
witness  or  \erily  the  heaiine;  ami  distance  <d'  schoom  r,  so  that  the  Jml;;iiient  of  the 
Mchooiicr's  aeliial  positional  t  imc  ol' seizure  is  Imt  the  ;j;iiess-work  <d'  (he  eaplain. 
(Irci  nhiir;;,  of  steamer  Ah  rainU  r  II,  ami  of  him  alone,  as  ;i  i  on  suit  at  ion  on  this  .siiioiih 
point  with  his  ollicers  mi;;  lit  .have  lesiiltcil  in  pros  in;;  the  schooner  heyond  t  he  limilM. 
In  Miiliiniltine;  the  ahove  facts  to  your  eartdiil  consideral  ion  I  he;;  that  yon  will  ii.se 
esery  means  in  >our  power  to  etleet  a  restitution  of  the  nnjiistly  ami  ille;;ally  coii- 
liscated  proiM  rty  and  payment  (d'  dama>;es  iiiciiiicd  therchy. 

'I'lm  a  hove  sworn  to  Ixloie  Her  J'lritjiiniie  Majody's  consul  at  N.i;;asaki  hy  niys<df ;  II. 
)'.  Homie,  male;  W,  .st.indisli,  steward;  (i.  IJranm  :  V.  Poerin;;:  the  'J/ili  dav  ol 
Any:UHl,  l!*r*y,  and  forwaideil  toyelher  with  all  dtx-iiineiits  hy  eoiisnl,  .Mr,  Knshy,  to 
M.  I'eterHhlll''. 


Verv, 


elc 


II.   F 


Maalvr. 


«EAI,    1IS|1|;k-iKS    IN    |{1:KIN(;    ska.  83 

[Tiiilc..sii!«  .'I  III  Xo.  HM  i 

Copiex  of  ltle<jiamH. 

iCiiptiiiii  Sjrw.iid  li.  Ui..  Ilritiili  .•mlm.HH.v  it  St.  IVi,  r«liiii;;.l 

,,      ,.  ,  N'tADIVOSTOCK,  .ttigunt  it,  IPS'*. 

tiiiiuM,  iiM|ii  (IV  iiiud,     1  li'UHi^  ail  V  t.sc, 

SiKWAiin,  Master. 
lI'i.Mi,  IliitiHi.  .MiilMSHj,  St.  Pi.t.THb.ir-   A.iaiiHt  l.'l,  IH^H,  f.  Si-w,.,.!,  Vladivostork  ) 
Voiir  t.^lograu.  ivonvnl.     Strps  will  I,,-  (akm  with  Irjist  .l.,l.-iy  po.,Hibl,.. 
Il'n.iii  Sii'w.iiil  t«i  linliMii  oiiib.is'iy,  Aii(.'iiil  1,'),  \HM.\ 

tai^ninl^T."M.\?i,i'r''"'''i.V  '"'""'."•  ''"'*"""  '■•"""''  •'"•  ^'-''^''^''^l**-     AIs.i,  all  .lonn„..„t.s  p.r- 

f.imiiiK'  t  .  H.M/iif...     I«l,.a.s.<  a.lvi«(.,  it  n..c,.ssarv  t •..test,   lu-n- ;  aim.    if  „tiuT  Nt.-im 

n-.|.me,l  Ii.t.-.     Own.Ts  nairi.->  Hail  A-  (J.pim.I,  Virt.'m.  ' 

|Kp|.!.v.  .\ii.;us|  17,  1888.1 

YoMrrn..^  has  I,..,.,.  l.nmKht  to  t ,..ti,.,.of  linssian  «ov,.ri.i„o.it.  who  havo  tol... 

K'rai.h.Ml  to  Hi.iu.re  into  it.     Vo„  mi^ri.t  ,„.,„,„  ,,.,.^„,..     v„rwar.l  all  ilo.Mini.'nts  W 

l)r.ni!i\(;. 
lirilifh  Chnry,'  d'Affahen. 


Paut  T1. 


CORRESPONDEN-CE  RELATIVE  TO  NEGOTIATION'S  FOR  THE  CON- 
CLUSION OF  TREATIES  FOR  THE  PROTECTION  OF  FUR  SEALS 
IN  BEHRING  SEA. 


FWAXCK. 

No.  r,\). 


Mr.  llHijard  to  Mr.  Mijinnnl.* 

>u.  l.'.")G.|  J)j:i'AKI'MKNT  of  Statk, 

\Va.shi)if}f<)ii,  Aut/ust  1»,  1887. 

SiK  :  K'i'cciil  ofciinciKTS  liavcdrawn  I  lie  attt'iitioii  of  this  DcpartiiiiMit 
to  llic  iicccssitv  ol' takiiiu' steps  lor  tlic  Imm  tt-r  in'otcct  ion  oltlic  I'lir  seal 
lishfiics  in  iJcliiiuj;"  ^Sca. 

Without  raising;  any  (lucstion  as  to  the  t'Nci'jttional  measures  which 
the  peculiar  character  of  the  propeity  intpM'stioii  inij,'ht  Justify  tliis 
( io\  t'l'iunent  in  taiiin;^',  and  w  itiuuil  referi'nce  to  any  ex(;eptional  marine! 
jurisdiction  tiiat  mij^lit,  properly  he  chiimed  for  tliat  end,  it  is  (U'etned 
advisai)h' — and  I  am  iiisiiiicted  l>y  the  I'rcsiih'Ut  so  to  inlorm  yitii — to 
attain  the  di'siicd  ends  hy  international  co operation. 

It  1^  well  known  that  tlie  unre<^ulate<l  and  indiscrimimite  killin<^of 
seals  in  many  parts  of  the  wtuld  has  driven  them  IVom  place  to  place, 
i  :id,  hy  lirisikin;;  up  their  habitual  resorts,  has  t;r<'atly  rc(luced  their 
number. 

I'mlei-  tlu'se  cirt'umstaiu'es,  and  in  view  of  the  common  interest  of  all 
mitions  in  jueventiu;;  the  imliscrimimiti^  destruction  antl  conscMpient 
<-.\<ermination  of  an  annual  \\  Inch  contributes  so  importantly  to  the  com- 
mercial wealth  and  jiciieral  ust'  of  nmnkind,  you  arc  hereby  instructed 
to  draw  tlie  attention  of  the  (loveniment  to  which  you  are  accredited  to 
the  subject,  and  to  invitt'  it  to  enter  inio  siu-h  an  arraii;j;enu'iit  with  the 
(lovtunment  of  the  United  State.«<  as  will  prevent  the  citizens  of  either 
country  from  uilliny  seal  lu  Uehrin;;  Sea  ;»t  such  times  and  places,  iml 
by  such  nu'thods  as  at  present  are  puisued,  ami  which  threaten  the 
spee(|y  externdmition  of  iIiom- animal>  and  (-.•useipient  serious  loss  to 
maidvind. 

Ihe  nnuisters  of  the  I'liited  States  toCieiuiikny,  .<weden  and  Xoij«»  )iy, 
Russia,  .Ia]>an,  and  dreat  I'.ritaiu  h.ive  In-eu  faeh  similarly  add!vv«*<s»  on 
the  subject  re'crred  to  in  this  instruction. 
I  am,  etc., 


'IiU'iitie  iiiNtriiotiinii  v.t'r«  tw-at  tiMinr  miniiters  Id  Wi  r  luitii 
KiiMxia,  ami  Swnlcii  ami  Norwav. 


UitMKt  9rMkt«U'^r:ni, 


SKAL  risiiEuiKs  IN  iii;kin<;  ska. 


85 


No.  490. 1 


No.  70. 


^f^•.  McImiw  to  Mi;  llai/nrd. 

Leoation  oi'  TiiK  United  States, 
Paris,  Octal er  2-,  IS.ST.     (Hoccived  Novemln'r  11, 


Sir:  INWt'rriiij;  to  your  Xo.  l'")(»,  of  Aiijru.st  1!>,  iiistrii('lin«;  Mr.  Vi<r- 
iirnid  to  draw  tlic  iittciition  of  the.  Freiicli  (Jovcrmiu'iit  to  tlni  ncoossity 
of  tiikinj;  stt'i)s  for  tli<»  bottrr  protection  of  the  fiir-st'iil  ilslicrii's  in  Uclir- 
iiij;  Scii  with  a  view  of  ohtaiiiiii}^  its  <•(» ojx'ration  witli  tlni  Uiiitccl  States 
in  incasnrcs  iut«'iidt'd  to  reach  that  cikI,  I  have  to  state  fiiat  Mr.  IMou- 
rens  is  willinj;  to  consider  favorably  any  jtrojectof  international  arran<,'e- 
nienr  yon  may  he.  disposed  to  snhniit  conce:nin;i;  the  mattei'. 

I  inclose  herewith  a  translation  of  a  note  received  from  Mr.  I'loniens 
which  explains  his  vnnv.    The  note  of  September  17,  to  which  he  relers, 
is  simply  an  acknowledinnient. 
I  have,  etc., 

JiOllERT   .M.   MchA.NK. 


I  till  liij<;ir«' Willi  \ii.   mo.  — ■rI■;ul^l;lti 


Mr,  i'loiiri  iiH  (<t  Mr.  Mil.unv, 


V\M^.  (hlob>r-i\,  I" 


Siir:  Mr.  \'i:^iiaii<l  was  i^nott  I'liuii^Ii  to  iiircirm  iii'^  <im  tln'lJInt  «il'  Aiii^iist  List  I'liil 
Ili(!  l'iiilt'(l  Still  IS  (itivfiMiiii'nt  was  ili-siroiis  nl"  ('(iiisiilt  iiiii  wit  li  tin*  |ii'inripai  iiat  iuiis 
iiitt'i'i'sifil.  Willi  \\\^\  \  ii'W  III'  iiuilviiij^  r»^iiliili()iis  iu  ii'^fanl  in  llin  sfa!  lisiicrii'H  in 
|{vliriii<i  Strait, 

lictVniiij^  ti>  my  <'iwiunanir:i(i(>ti  of  tlm  17th  So|»fi'ml>fr  iasi,  I  liavc  tin- lioiior  in 
iiil'iiriii  ymi  that,  aillimi^li  tlio  iiuliisfry  in  i|HfHti">ii  lias  mil.  Iifin  rii;;am'(l  in  liy 
Frtiiicli  slii|i-ti\>  ricrs  up  In  llic  iircsciit  tiiiu',  tin-  (iovrrmiuMit  of  tin'  lii-|iiililic  is  not, 
llic  less  ilispitscil  til  cKiifi'r  I'lir  llial  piir])(>s(«  willi  llic  liiivi-rniiii'iit  of  tlio  I'iiit<!il 
Stall's  ami  ti>  fXiiminc  any  ilrannlit  ut"  an  iiiliTiial  ioiial  convi-ntinii  wlmli  niay  Im- 
rDinniniiiratcil  tn  it  liy  tin'  (.'aliiiicl  at  Wasliimjftnn. 

1    ivill    ill'   iililijjril   III  yon  if  ymi  will  In*  Iviml  i-iioiii^li  to  tiiinsiiiit   this  ii'ply  to  tin? 

AllliM  ii;ill  ( inViTllllll'lll. 


•pt,  «'ti 


I'l 


vy 


III  I!i:ns. 


N. 


Mr.  litd/nrd  to    Mt.  Mct.iim. 


Xo.  "JTl.]  DEPVKr.MI'.Nl  or  Stvtk, 

\\Hshintih>n,  ynrtmh,r  is,  1SS7. 

Siu  :  1  have  to  acknowledge  .\«>ur  No. 4l>0, .»f  the'J'-M  ultimt*.  ti:4nsmif 
tini;  copy  of  a  note  of  the  21st  of  i  VloVr  ty»ru  M?,  MonixMis,  inforniihy: 
this  (lovernmeiit  of  the  willin;,'m'ss  of  tli^  Ficnoh  Ue^»uhlie.tUoHi:^h  there 
are  not  iniviiy  French  s.hip,s  enifa-j^otl  in  ^he  seui  usluruvs  >•»  iront*  r  with 
us  or  to  examine  any  drans;ht  of  a  o«)Jiventh»H  uitend<st  to  rej;ulale  tht>se 
fisheries  in  IJehrinj;  Straits. 

This  res|M)nse  of  the  French  (Joverntnent  totnir  .uvit.iMoii  in  \»'ry  sat- 
isfactory, and  in  due  time  further  instruetionxon  iheHubprt  wdl  Iv  s;riit 

you. 

I  mn.  etc., 

T.   F.  r.AV.VBl*. 


86 


SKAL    FISHKHIHS    1\    HKRIXO    SKA. 


No.   71.'. 

Mr.  liayard  to  Mr.  McLane.* 

No.  L'()3.|  Dkpartmknt  of  Statk, 

Washinyton,  Fdiruary  7,  1888. 
Sir  :  I  iiurloso  liort'witli,  for  your  information,  two  i)rintnl  (sopios  ot 
an  instnictionf  of  this  dato  to  E.  J.  IMielpy,  f.-Kjuire,  United  lStat«'s  niin 
isti-r  at  London,  in  n'sponse  to  a  ilispatcii  from  him,  in  wliicii   it  was 
Htatt'd  that  Lord  Salisbnry  had  cxprcHHi'd  aciiuiesci'neo  in  a  proposal 
machi  by  mo  for  an  agrccnK'nt  hi-tween  tho  IJnitod  States  and  (Ireat 
Britain   in   re^jard   to  tlio  a(h)pti(»n   of  conciirrtMit  r<'|,'Mhitions  for  the 
preservation  of  fur  seals  in  Jji'hrin^  Sea  Irom  exteiiiiiuation  by  destruc- 
tion at  iniprcper  seasons  ami  by  impioper  methods  by  the  citizens  of 
either  <!ountry. 
.1  am,  i-tc., 

T.   !•'.   r.AVAlll). 


(;khmaxv 


N 


O.      (.i. 


Mr.  Coleman  to  Mr.  luiyard. 

No.  498.)  Lkcai'ion  of  'ihh  IJnitki)  Statk.s, 

lierlin,  tScjitcmhcr  1,  1SS7.     (Received  September  17.) 

Siu  :  I  have  lh(^  honor  to  inclo.s(^  lu'r»'wilh  a  copy  of  a  note  1   have 

today  addressed  to  th«'  foreijjfu  ollice  in  execution  of  your  instruction 

No.  L*l<»,  of  tlie  I'.Mli  iillimo,  rel;ttiii;.j  to  t lu' necessity  of  meastins  bcint; 

adopted  for  the  better  protection  ot  the  fur  seal  fisheries  in  Hehrin;^  Sea. 

I  li:i\('.  «'tc., 

C'liAPMAN  Coleman. 


[  iiirliiHiiM   with  M -.  ('i)lcMn;in  t  Nn.  I!»s.  J 


Ui .  I  nil  )it(tii  tit  I'oinit  Villi  llirdiiiii. 

Nit.  :UI.  1  l.i.ii.vrioN  III-   i\\\:  I'mikd  Staik.s  ok  A.Mi'.lticv, 

luiliii,  Sii>liiiibir  1,  lH-<7. 

'l'lit>  iiiidcrsiiiiiifil,  cliaiHi  il'alViiinm  ml  intrriin  of  tlit^  t'niti'il  Stiitcs  of  Aiiii'ri<'a,  lian 
tl)i<  lioniir,  iK-hii!;  iiiiilor  iiisii'iicl  ions  ti'oiii  hi'^  (idviTMriicnl,  to  iiiloriii  ('omit  von  F.».>r- 
clitMii,  iimlcr  s«<  iiijny  iil'  Nial"'  in  iliar^^i'  ol  tln<  iiii|i<'ilal  (iinij^ii  (dlici',  tliat  rrrt<nt 
•  icriirrciH'i'.'s  li:n  «•  diawii  I  lu'  alliMition  ot'  tlial  (i(i\  riiiiiKMil  to  I  lie  iii'(;fs.>.ily  ot'  laliiiig 
Hti'iis  Cor  tilt'  licllfr  proli'i'i  nut  of  the  fiir-Hi'al  fi.slirrii'ii  in  lidunin  Sea. 

Williont  raising;  an\  (,nt'stiou  a-<  to   ih"<  rxi'i'itt joiial   inisisnrcH   wliioh  llii«  |i<>(Mili.'ir 

diaractcr  of  (iio  |ii-o|ii'il\  in    |ii»'stion   nii)j;lo  jiistif\  llm   (rovornnicnt    of  iIli'  I'nitoil 

Slates  iu  takin<r,  ami  u  it  hont  nfi'i'i'mo  to  an.\  I'Mcpi  lonal   niaiiiio   jniisilici  ion  tiial 

,  nii;;lit  )iid|MTly  Im' claiiMitl  (<ir  tiiat  i  ml,  it,   lias   ln'iii   ili-oinctl  ailviNiiliIo  to  Ht>fk  toi.t- 

taiii  tln>  (IrsiriMl  ends  Ity  intrrnat  imial  (Mt-o|i('i'atioii. 

It  In  Weil  known  tliat  tli««  nnnt^iiUiti>il  and  indi.siMiiiiinato  killinfr  of  Hcais  in  many 

IiartH  of  tlio  world  lia.s  di'i  vrn  t hem  li'om  ]dacc  to  plaiu',   mid   by  Itn'aliin^   np  their 
laliitiiiil  I'l'sortH,  lia.s  jL^rcU' ly  n-dnci'd  tiicir  nnnilifr. 
I  ndrr  tlicsiM-iriMini.slaiK^i's  ,'OkI   in    view   of  tiit>  coininop    inti'D-Nt  of  all  iiiitioiiH  in 

*  Idi'iitio  iiiNlriictionM  w«>ro  hcnt  to  llio  I'liitcd  Stiito.i  iiiinihtcrH  to  (iennany,  liiiHHiit, 
and  SwimUmi  and  Norway. 

♦  l-'or  tliis  lUHtrm'tioii  h»»«»  infra,  No.  7ti. 


sr.AL  iisiiKK'iKs  IN  i5i:ki\(;  ska. 


87 


IH'i'vi'iit  ill;;  till-  iiiiliMiiiniiiiilc  ilrHlnii'l  ion  aixl  ('iiiisri|iii'i)t  I'xlfriiiiMul  inn  <>','  an  1*1111- 
iiial  wliicli  (Miiitiiliiilts  sii  iiiipuilaiillN  In  l!ic  (•iiiiiii|iTfi;il  wealth  I'ti.l  i.;i'iicral  iisi<  ol' 
iiiaiikiiiil,  till- tioMTiiiiii'iit  ol'  t  In-  I'liilcil  Slaii's  lias  iiisi  riK'ii'.i  the  iiii<l<'!'Nii;tii>>l  to 
pri'si'iit  lln>  siiliji'ct  In  ilic  alii>!ilii)ii  of  tlic  liii|M'i'ial  (iovciiiiiit'iit,  aiol  lo  iiiviir  it  to 
riiltw  into  Niirli  an  aiTan;,'i'mriii  witli  llii-  (iov  i'I'iiiiumii  ot"  tli''  I'liilfil  S|ati'-i  as  will 
pri'Vi'iil  tlir  citi/i'iis  oI'i'iiIdt  <'oiiiilr.\  IVoni  killing;  .sraU  ii  |li-liriii<{  Sea  at  siicli  liiiiiM 
mimI   plari-M,  aii)l  l)y  siirli  iiictlioils  as  at    iit'i'Mciit   air  imrsiicil,  ami  wliit-li  lliri'ati-n  tlit' 


.1. 


>| In  rxlrriiiiiiat  loll  ot  llios)-  aiiiiiials  and  consi-iiiicnt  hitioiih  loss  to  mankini 

riir  iin(ii'r->iKn<'il  ln-j^s  lo  adil  tliat  lie  has  liccn  inlornn-d  'ly  his  (ioviTniiii'iit  tliat 
llio  iniiiistfiH  of  till)  l.r'tcil  iSlali's  to  SwimIimi  and  Norway,  !ilii>,sia,  I'ranci',  (Jrciil 
Mritain,  ami  .la|>an  liavr  lurii  facli  siniilai  l>  addri-.-^i'il  on  I  he  .siiiiji ;!  rcfn  r<<<l  to, 
and  avails  hiinsill",  f|f. 

ClIAfM  VS    C'l.lKMAN. 


(i]{K  \'v  nirri'AiN. 

N.».  71. 

Mr.  I'lii'lps  to  Mr.  Ihujaril. 

>■«».  (iis.)  Lkoation  of  thk  i:mti;i)  Stati..-<, 

London,  yovemhd'  11',  1.S87.     (KofciviMl  NfAfiiiltfr  L'L'.) 

SiK:  Keren iii;,Mo  \<itir  iiistnictioiis  iimiibcn'tl  tisri,  of  Au;,'iist  WK  l-SST, 
I  liiivi' now  to  say  that  owiii;^  to  tlie  ahseiKH' lidiii  l-niidon  ot' Ijoitl  .Sali.s- 
Imry,  s('ci»'t;uy  of  stiiti*  for  t'oiri;,Mi  alVaiis,  it  has  not  hctii  in  my  jiower 
to  olitaiii  his  attention  to  tlie  suhjeet  until  yesterthiy. 

1  liad  then  an  i'lteiview  with  iiini,  in  wiiich  1  piditoscd  on  tlie  part  of 
ihe  (io\ ciiiiiifiit  of thei  I'nited  Siales  that  hy  iniitnal  a;,Mieiiieiil  nl"  the 
two  (Joverninents  ix  eotle  of  re;;nhitions  shonhl  lie  adoptetl  for  tlie  pres- 
ervation of  the  seals  in  l!ehiinj;Sea  fi(»in  destnietiun  ,it  improper  times 
and  hy  iiiiprojier  means  i»y  tin' citi/eiis  of  either  eoiintry ;  sinh  a;;ree- 
li.ent  to  be  entirely  ii  lesjiecl  i\e  of  any  questions  of  eonllielin;,' Jiiri.s- 
dietion  in  t!iose  waters. 

liis  lordsliip  promptly  ae(piieseed  in  this  prop  i>.il  on  tin',  part  of 
(Ireat  iiritaiu  and  su;;^esied  that  (  shoidd  olitain  tniiii  my  (lovernment 
ami  snJMnit  to  him  a  sk«-teh  of  a  system  of  re;^nlations  wlii<-h  vvoiihl  he 
adetpiate  lor  the  purpose. 

1  liiive  therefore  to  request  that  I  may  be  furnished  nA  I'arly  as  possi- 
bh'  with  a  draught  of  sin-h  a  code  as  in  your  judgment  slioiild  lu^ 
adopted. 

I  woidd  siij^p'St  also  that  (Copies  of  it  be  fiiriiisheii  at  the  Kuine  time 
to  the  ministeisof  the  I'nited  States  in  (lerinany,  Sweden  and  N'i>r\vay, 
K'nssia,  I'' ranee,  and  .lapan,  in  order  ttiat  it  ma,\  be  nndi-r  eoiisnlerii- 
lion  by  the  ( Jovernmenis  of  those  troiintiies.  A  mutual  a;,'reeiiient  be- 
tween all  tin-  ( io\  ernineiifs  iiilticsteil  may  thus  lie  reached  at  an  ♦♦.irly 
d.iN . 


I  liase.  etc 


K.   .1.    I'liKLPS. 


lo.    I.>. 


Mr.  lUnjurd  t<>  Mr.  J'htlps. 


No.  733.] 


Dki'artmi'.nt  ok  Staih, 

Wasliinolon,  Xovrmhcr  "J."),  1S.S7, 


Sir:  Your  No.  CIS.  of  the  I'Jth  instant,  statini(  the  result  of  your 
interviews  with  liortl  Salisbiir.\  on  the  subject  id"  the  seal  lisherie.s  in 
IJehring  Soa,  is.    .  „'.Mved. 


^mmmmmmm0^mt- 


88 


SKAl.    riSMKK'IKS    I\    HEKlNfJ    SKA. 


Tlie  favonililc  response  to  our  sii;,';;t'stion  of  iiiiitnall.v  af^n-ciii};  to  a 
codc!  of  n';;iila(ioiis  is  very  satisfactory,  ami  tin-  siiltjt'cr  will  lia\«'  iiii- 
iiicdiatii  attention. 

1  a t«'.,  T.  1',  Uayakd. 


r(5. 


.l/>-.  Ilniinrd  in  Mr.  I'lulps. 


No.  7.S1 


J)KI'A1JTMKNT   <)I'    StATK, 

Wdsliiin/titn,  Fthruarii  7,  l.SSS. 


SiK:  I  have  received  .V(tnr  No.  (>1S,  of  the  iL'tli  of  NovcnilHT  last, 
oontainin;;  an  acconnt  of  y<>iir  intrrvi»'\v  with  Lord  Halishury  of  the 
precediii;,^  day,  in  wliicli  his  lordship  expressed  ae<iuieseeiiee  in  my 
pi'ojtosal  (»f  ;in  aj^reenient  hetween  the  I'nited  States  and  (licat  llritain 
in  re;;ard  to  the  adoption  of  i'oneiirrent  re;xidations  for  tli>  preservation 
(»f  fnr  seals  in  llehrinL;  Sea  from  extermination  li_\  desirnetion  at  im- 
jjroper  seasons  and  by  im|)n)per  methods  b\  the  citizens  of  eitlier 
eonntry. 

In  response  to  his  lordship's  sn}j,':,estion  that  this  (Jovernment  std)- 
mit  a  sketch  of  a  ssslem  of  rej;nlatMins  for  the  purpose  indicated,  it 
nniy  he  exp«'dienf.  before  makin;,'  a  dclinite  jtroposition.  to  dextiilie 
some  of  tile  conditions  ol"  seal  htc;  and  for  this  purpose  it  is  beliexed 
that  a  concise  statenu'nt  as  to  that  pait  of  the  lite  of  the  seal  which  is 
spent  in  lU'hiint,^  Sea  will  be  snilicienl. 

All  those  who  have  made  a  study  of  the  seals  in  i'.ehrin;:'  Sea  are 
aj,M»'ed  tliat,  on  an  aNcraj^c,  from  live  to  six  months,  that  is  to  say,  fioin 
the  middle  or  towaids  the  end  of  spring  till  tin-  middle  or  end  ol  October, 
are  spent  by  them  in  those  waters  in  biccili?!^  antl  in  reaiin;.;'  their 
youn;^'.  Durinu"  this  time  they  have  their  rookeries  on  the  islands  of 
St.  Paid  and  St.  (ieor;;c,  w  Inch  constitute  the  Pribylolf  ^^roup  and  be- 
long' to  the  I  nitcd  Stales,  and  on  the  <  "ommander  Islands,  which  belon}; 
to  Kussiii.  I'.iii  ilu'  iiuml)er  (d  animals  lesortin;^  to  the  latter  }.;roup  i.s 
small  in  comparison  with  that  resorliiHJ  to  the  lormer.  The  rest  of  tlui 
year  they  aie  supposed  to  s]iend  in  the  open  sea  south  of  the  Aleutian 
Lslamls. 

Their  mi<;ralion  nortliwaid.  w  Iiicli  has  been  staled  as  takinj;  phwc 
during'  the  sprin<;'  and  lilj  the  middle  of  dune,  is  made  throu^'li  tlio 
numerous  passes  in  the  loiij;  «haiu  (d  the  Aleutian  Islands,  ab(»ve  wlii<'li 
the  courses  o\  Mieir  tra\  cl  coijver^^'e  <-liielly  to  the  l'rib\  loll  yroiip.  I  >iir- 
iiipf  this  mij^ration  the  l«'male  seals  aie  so  advanced  in  prej;nancy  that, 
they  j;(  iierally  ^^ive  biiih  to  their  yoiiu;^',  which  arc  comnumly  calh'd 
jmps,  within  t  wo  weeks  alter  I'cachin^X  the  rookeries.  I'ielw<'en  the  time 
of  the  birth  ol  the  pups  ami  of  the  emif^ratioii  of  tlu'  seals  from  the  isl- 
ands in  the  autumn  tiie  females  are  occupied  in  siicklinu  their  youtijr ; 
and  by  far  tin-  lai|^est  part  of  the  seiils  found  at  a  distance  from  the  isl- 
ands ill  I'.chiin;;'  Sea  diirin;;  the  Miinmcr  and  caily  autumn  are  females 
in  search  <d'  food,  which  is  made  doubly  necessary  to  enable  them  to 
suckle  their  ,\<ain;.;'  as  well  as  to  support  a  c(Uidition  of  renewed  pte;;- 
nancy,  w  Inch  be;,Mns  in  a  week  or  a  little  imue  after  their  delivt'ry. 

The  male  seals,  or  bulls,  as  I  hey  arc  commonly  <'alled,  re(puie  little 
footl  wiiileon  the  islands,  where  tlu'y  r»'inain  j;iiardin;;'  their  harems, 
watchiiiy  the  rookeries,  and  sustaining;  existence  on  the  larj-e  amount 
of  blnbbc!  which  they  ha\  e  secreted  lu'iieath  their  skins  and  which  is 
jjiadnallN  absorbe«l  diiiinj;"  the  live  oi'  six  succcedin^i  months. 


SKAL    I'lSHKlJIKS    1\    HKKIXG    SEA. 


80 


Mou'Dver,  it  is  iiniiossihle  to  (li.Ntiii;,Miisli  the  iiiiilr  tVoiii  tlu'  loinaU' 
seals  ill  tlic  waUT,  or  |»n';inii:if  I'ciiiaN's  from  those,  tliiit  an*  not  so. 
When  the  animals  are  killed  in  the  water  with  lire-arms  many  sink  at 
once  and  are  iie\er  r»'<'overed,  and  some  ant  horilies  state  that  not  inort' 
than  one  out  of  thrt'c  ol"  those  so  slan]Ljlitered  is  ('Vi-r  secured.  This 
may,  however,  he  an  overestimate  of  the  iinml»er  lost. 

it  is  thus  apparent  that  to  permit  the  destruetitui  of  the  seals  l»y  tlie 
use  of  lire-arms,  nets,  or  othrr  misehievous  means  in  IJi'liriiiir  Sea  would 
lesiilt  in  the  speedy  extermination  of  the  raee.  'I'lierti  appears  to  i>e 
no  dilft'rj'iiee  (»f  opinion  (Ml  this  sulijeet  amoii;i"  experts.  .\nd  tin'  faet 
is  so  clearly  and  liuciltly  stated  in  the  report  of  the  inspector  of  Ijsh 
cries  for  i'.ritish  ('olnml)ia  of  tln^  .'ilst  of  hecemlicr,  K-Sti,  thai  1  will 
<piote  tlM'iJ'from  the  followiii;^'  pertinent  passa>;e  : 

Tlirio  wtTi'  Uillfil  this  year,  s<i  far,  Irmii  tu,(ie()  to  ."n,()i)()  ("nr  htais,  w  liiili  liavf  hrcii 
taken  l»y  scIhiiiiiits  IVnm  San  I'r'aiirisco  ami  Victoria,  'flii'  tirralcr  iMiniinT  \vci'i« 
kilii'd  in  lli'lirini^  .'^ca,  :inil  were  iifarly  ail  cows  or  Icinali'  si-mIm,  'I'liis  cnornioriH 
calcii,  Willi  till'  increase  wliicli  will  taku  jtlaccwhen  the  vessels  lit  i  inj;  np  evt^y  Near 
are  really,  will,  I  ani  alV.Mid,  soon  ileplete  our  fiir-Neal  lisliery,  uimI  it  is  a  i;ii  at  |>ity 
tliat  Niicli  a  \alna)tle  imlnsiry  could  not  in  some  way  lie  protected.  (  liepoii  ni' 
'I'lionias  Mowat,  Iiispeeior  ot'  j'islieiies  (or  Mrilisli  Coliiinliia  ;  Sc-sional  )iapeis,  \i>l, 
I.'',  No.  Hi,  ji.  Jti' ;  Oiiawa,  l-i7.) 

The  only  way  of  obviatinir  the  lamentahle  result  abo\ c  predicted  ap- 
ix'ars  to  he  ity  the  I'nited  States.  ( ireat  I'.riliaii,  and  othei  iiittrested 
)>oweis  takmjjf  concerted  action  to  prevent  their  citizeiiNor  Milijects 
i'ldin  kiilin;;'  fur  sea  Is  with  tire -arms,  or  other  dcstinct  i\  c  weapons,  north 
olod^of  iKUth  latitude,  and  i»ctw«'cn  Kin  of  lonoundc  wesi  and  170 - 
of  lonoitiid,.  (.jist  Ikmu  ( Ireenw  ich,  diirin;,' till'  period  iiilcr\  ciiin;^  he- 
tweeii  April  1."»  and  Novemlier  1.  To  i)r«'vent  the  killiit";  witiiin  a 
marine  hell  of  10  or  50  miles  fVom  the  islands  durin;r  that  period 
would   l»e   inelVcctiial  as  a  i»reservalive   measure.     This   would   cleail> 


he  so  diiiinu'  the  approach  ot  the  seals  ro  tiie  islands. 


Ami  after  their 


arrival  there  such  a  limit  of  pidte<'tion  would  also  Ix;  insunicieiil,  simte 
the  rapid  ])ro,LM'ess  of  the  S(>als  tliiou;;h  the  water  enahles  them  to  ^o 
j^reat  <lislaiices  iViuu  the  islands  in  so  .short  a  time  that  it  has  heeii  cal- 
culated that  ail  ordinary  seal  oiiid  ^'o  to  the  Aleulian  Islands  and 
liack,  in  all  a  distiince  of ."»()((  i  v  100  miles,  in  Ic.ss  i  haii  t  wo  da\  s. 

l>n  the  I'lihylolf  Islands  themseUcs,  where  the  Killiii;,'  is  al  present 
under  the  direction  <d'  the  Alaska  Commercial  Company,  which  l»y  the 
terms  of  its  contract  is  not  permitted  to  take  over  100,000  skins  a  >car, 
no  females,  pups,  or  old  hulls  are  e\"rr  killed,  and  thus  the  lireediiiLr  (d' 
the  animals  is  not  interfered  with.  The  old  hulls  are  I  he  liisi  to  reach 
;  he  islands,  w here  I  hey  await  the  comino  of  i  he  females.  As  t  he  youii}^ 
hulls  arrive  they  are  driven  awa\  hy  the  nhl  luills  \o  the  sandy  part  of 
the  islands,  by  themselves.  And  tiiese  are  the  aiiinals  that  are  dri\  en 
inland  and  t  heie  killcil  by  clubhinj,',  so  thai  t  he  skins  are  not  peiforatcd, 
and  discrimination  is  exercised  in  each  case. 

That  tlur  extermination  of  the  fur  seals  must  soon  take  place  unless 
they  are  ]ii(dectcd  fioni  destruction  in  I'.ehiiiiLT  Sea  is  shown  by  t!ie 
i'ate  ot  the  animal  in  other  parts  ol  l  he  world,  in  the  absence  of  concerted 
action  anion;:'  the  nations  inlcrcsictl  for  its  preservation.  I''ormerly 
many  tlutusauds  of  seals  were  obtained  aiiiinally  from  the  South  racilic. 
Islands,  and  from  the  coasts  of  (Jhili  and  South  Africa.  They  were  also 
<'omiiion  in  the  I'^alklaml  Islands  and  the  adjacent  seas.  Kiit  in  those 
islands,  wlier*'  hundreds  of  thousands  of  skins  were  tbrmerly  obtained, 
there  have  been  taken,  accmdinj,' to  best  statistics,  since  IS.M),  less  than 
1,500  skins.     In  some  places  the  iiidisciiminate  slau;;hter,  especially  by 


fJO 


si;ai-  1'Isiii;i{Ii:s  in   |{i;kin(j  ska. 


u.s(^  of  flic  siriiiH,  liiis  ill  ii  few  yesirH  ri'sulted  in  (jomph'ti'ly  lirt'iikin;,'  up 
t'Xt<Misiv«'  rookeries. 

At  tlic  prrsi'Ml  time  it  is  cNtiinattMl  that  out  oriinajrKi'''y'it«'  .vaily yield 
of  lsr),0(M»  seals  from  all  parts  of  tlio  j^lohe,  <»ver  iiM),0(tO,  oi-  iiioie  than 
tvvotliirils,  ale.  ohtaiiied  troiii  the  rookeries  on  the  Aieerieaii  and  Uiis- 
sian  islands  in  Itehriii;;  Sea.  «il'  the  leniainder,  the  lar;,MT  part  are 
taken  in  l>ehiiii;;  Sea,  allhoii.uh  such  takin;;,  at  least  on  siieh  a  scale, 
ill  that  (piarter  is  a  eoiiiparati\«'ly  recent  thinu.  ISiit  if  t he  killin;?  of 
I  he  fill'  seal  tlierc  wit  h  lire  arms,  nets,  and  ot  her  dcstriicti\  c  implements 
were  permitted,  hniiters  would  ahandoii  other  and  exhausted  places  of 
piirsiiif  for  the  more  productive  liehl  of  I5e!irin^  Sea,  where  e.Meriiiina 
lion  of  this  valnalile  animal  would  also  rapitlly  ensue. 

it  is  nianifestly  for  the  int<'rests  of  all  nations  that  so  deplorahle  it 
tliin^i  should  not  he  allowed  to  occur.  As  has  already  hceii  stated,  on 
Ihi'  I'lih.Nloif  Islands  this  (ioNci'iitiieiit  strictly  limits  the  nninlier  4)f 
seals  that  may  be  killed  iiiKler  its  own  lease  to  an  American  company ; 
and  ci1i/,ciis  of  the  I'liitcd  States  lia\e,  diiriiiLr  the  jiast  year,  Iteeii  ar- 
rested and  t<'ii  American  \t'sscls  seized  for  killiii;;-  fiirs»'als  in  lichrinjc 
Sea, 

i',ii;^laiid,  howcvei-,  has  an  es  )eti  illy  j^rcat  ir.teu'st  in  this  iiiatt«'r,  in 
addition  to  that  which  she  must  fc«'l  in  preventiii<;'  the  extciniiiiatioii  of 
an  animal  which  contiibiites  so  much  to  the  ^ain  and  comfort  of  her  peo- 
ple. Nearly  all  nndrcssed  fiir  seal  skins  ai«' s«'iit  lo  liOiidon,  where  they 
are  diesscd  and  dyed  for  the  market,  and  wlicrt;  many  of  them  are  sold. 
It  is  stated  that  at  l(>ast  10,()(H)  peo|)le  in  that  (;ity  tind  protitahle  eiii- 
l»loyiiiciit  in  this  work;  (ar  iikmc  than  the  total  niiinher  of  people  en- 
gaged ill  liiintiii^'  tln^  fur  seal  in  vwvy  part  ol'tlie  world.  At  the  I'ri' 
Itylojf  Islands  it  is  believed  that  iheie  are  not  more  than  Wit)  pi-rsoiis  so 
eiijiajfcd;  at  Commander  Islands,  iittt  more  than  .'((lO;  in  the  Northwest 
coast  lislici'N',  not  more  than  ."iL'.')  Indian  liiiiitcis  and  100  whites;  and  in 
the  Cape  Horn  lisheiy,  not  more  than  100  iicrsoiis,  of  whom  perhaps 
.'500  are  (  hilians.  (licat  Uritain,  therefore,  in  cooperatiii;^'  with  tlie 
United  Stall's  lo  pre\enl  the  dcstrn«;tion  »»f  fur  seals  in  iW'lii  iii;^' Sen 
would  also  be  |»erpetiiat  iii!^  an  extensive  and  \  ainabh'  industry  in  w  liicb 
iier  ortii  cili/cns  have,  tlu'  most  liKtrativc  share. 

I  inclose  toi-  your  information  copy  of  a  nuMiioiandiim  on  the  fur  seal 
lislicries  (»f  Hie  world,  prepared  by  .»!  r.  A.  Howard  Clark,  in  response  to 
:i  ret|nest  made  by  this  Department  to  the  IJ.  S.  Fish  Commissioner.  I 
inclose  also,  for  yoiir  further  inrormalioii,  copy  id"  a  letter  to  me,  dated 
December  .'III  last,  lioin  .Mr.  Ileiiiy  W.  lOlliott,  who  has  spent  much  lime 
in  Alaska,  eii;:ayed  in  tin- study  <d'seal  life,  upon  which  he  is  well  known 


as  an  aiithorilv, 


(U'sire  to  call  your  especial  attention  to  what  is  sa 


id 


by  .Mr.  lOlliott  in  respect   to  tin'  new    iiu'thod  of  catchin;;'  the  seals  with 
nets. 

As  the  subject  of  this  dispatch  is  one  of  jjreat  importance  and  of  im- 
mediate iir;;«'iicv,  1  will  ask  that  you  ;;ive  it  as  early  altciit:«>ii  as  possi- 
ble. 


I 


iim.  I 


tc 


T.  F.   r.AYAWI). 


[Iinlo.tino  1  1 
/{'ivitir  <i/  tilt  J'lir-x' til  tixhcriii  of  the  iiorld  in  ls-7. 

llV    A.    HliWAIih  Cl.AUK. 

Ill   till'  Knrv('lo|iii'ilia   ISi'itiiiiiiira,  Mint li  iMlition,  llio  I'lir-.m'iil  lislu'iii's  iin-  (-ri'ilitod 


Willi  nil  illllllllll   N'iflll  III'    l.-r),tMMI  sliill 


if  wilicll    lOII.IMIII  aro    N.'tiil   to  li<>   ohlililiril   tViilll 


!lii«  I'riltv'nir  Isliiiiils,  :i(),(Kl(l  rmm   tlir  (.'oiiiiik'.ikIit  l^hlIlll.s,  l.".,<.i(JU  riniii  tlif  KliiUlsof 


SKAI.    riSMKHIKS    l\    !li:KI.\(i    SKA. 


91 


.liiiiii  do  Fiicii  luitl  vU-iiiity,  K',<)(iO  rrniii  tlio  Lnhns  IsIaiiiU,  l.'i.OtMl  riotn  I'atii^toiiiu  itiul 
iiiitlviiiu  isliiiiiN,  filH)  t'riiiii  tlii<  I'alklaiiil  iMlamN,  Iii.imio  tinni  tin'  ('a|i<'  of  (••imt  ltoi>t^ 
ami  plarfs  llivri'alMiiit,  and  '.'..'lUii  iVom  islaiuls  ln'lniii^iiitr  In  .lajiaii. 

'riic  aliovr  siali>*fi(s  wi-ii-  ciiiimHiincaicd  hy  iiio  In  tin-  aiitlinrnr  tho  arlir|.>  "Seal 
I'I^ImtIch"  ill  IIm<  l'.ii('y<'lii|ia'dia  and  had  Im'cii  rai'i'l'iilly  NiTiiii'd  'ny  tin'  latr^t  nlHcial 
ri't'iu'ds  and  liy  a  |ici'sniial  intcrvii'w  wiili  Mimsi?*.  (.'.  .NI.  I.aiii|isiin  iV  Cn.,  nl'  {.nnihin, 
tiiii' lit'  till' |irinri|ial  I'lir  linii.srs  ol'  tli<<  wnrld,  aud  liy  wlmm  inii-ii  dI'  iIik  aiiiiiial  jirn- 
iliii'tiiin  lit'  I'll!'  srai-MkiiiM  am  jilari'd  ii|Min  tin-  iiiail'i'l. 

A  ri'xii'vv  iif  till'  snliji'it  at  I  Ms  tiiiio  (January,  l'"'"'^  iirri-s-iitati'M  Imt  a  HJiylit 
I'lian;:!- in  tin- annual  piiidiiitioii  and  in  tlit^  appnri  ioiiinrntr  ti>  tlio  .si-vi-ral  t'is||i'rii*s. 
Sonii'  nl'llir  lisliiTii's  lia\n  iiuioaNcd  wiiilc  ntliiTs  liavt-  iliTri-astid,  't'akiiii;  llii>  aviT- 
a^r  annual  yiidd  liinii  t'^r'O  to  dati*,  I  Diid  tliat  tin-  ti>tal  iinidiiciinii  is  trnw  I'.).',4.'i7 
skiiiH,  iititaincd  nn  t'nlltiWH: 

.tnniial  ijiiUl  i)//iir-.iial JinhirirH. 

Fiir-m-ul  Hkliiik 

I'liliyldd"  Islands,  li.liriii^;  Sea !t|,JMi7 

(Ji'iiiinaiidrr  Islands  and  UiddM'ii  Ktiid" 11,  "U'.l 

I -la  nils  lirlc  infill;,'  to  .lapaii I,  (MM) 

Kill  isli  and  Ainrtiran  sralin^  tli-cts  on  iinrtli  wrst  (aiiist  of  Atiicricn  (iii(diidiiii<; 

radii  at  Cape  Flattny  and  I'.rliriiiL;  S.-a) •,'.'.  (MK> 

I.uliiis  Island-,  at  niniilli  nf  Kio  d<<  lu  I'lata I'J,  H'"«.'» 

Capi' id  (iiMiil  lliipf,  inrlndin^  JNlaiids  in  SoniliiTii  Indian  Ociiin .'>,.'>()() 

Capi'  Ilmii  ii'iiiiMi r',  UW 

FalUland  Islands .ViO 

Tntiil !;•,•,  I. -.7 

'I'lii- siatistirs  fur  till'  I'riliylnir  and  (-'nniinuidrr  Inlands  aii*  fiini]iilril  iV'Hii  ri-pnrtrt 
III'  lli'i  Alaska  ('niiiiiuTrial  I'lunpany,  Mr.  KlliiMl's  ir|iiiris  in  vidiinii'  ■<,  Triil  li  ('i-n- 
siis,  and  in  hocIioii  .'">,  W.  S.  Fisli  ('innniissiiMi  rrport,  and  Iradi-  n-pnrls  nt'  aiinnal 
sali-s  in  I.iindiMi  (I''iir  Triido  Kovii'w,  pnldislird  inonililyal  Nn.  II  Itniid  Hlri*i'l,  New 
Ynrk).  Till'  nnrtlnM'st  coast  siatlsiici  aio  rroni  inr  annual  ri'iion.sot'  tin- d<'part- 
iiiriit  id'  lislicrii's  of  Canada  :ind  Iri'iii  Mr.  Swan's  rrpoit  in  Hi'flion  .'>,  volnini' •,',  nl 
Ilin  (|iiailo  ii-pnrl  of  till'  r.  .S.  I'isli  ( 'iMiiinissiini.  l'"or  .l.ipan,  L'>lio-i  l-i!,iiids,  Capi'  ot' 
<  tiiod  llnpi',  and  I'alkland  Islands  t  In-  si. 1 1  i si  if  4  aH'  t'roiii  I  lir  ".Vniinal  Siali'iin'iiis  ot' 
1  In-  Tiaili' III'  llir  I'liiird  KinL^diiiii  vvilli  Inri'liiii  '••'iinlriis  and  lliilisli  pii>-.ivs-,ions  a^ 
pri'si'i.iiii  In  I'ailiaiin-nl ."  .Sial  isl  irs  Inr  Capi'  I  I'Hii  ri'^jinn  air  I'lnm  sralin^  imi  rli.anls 
111  Sii)niii;;liiti  and  Nrw  Londmi,  Cnnn. 

Till'  di'tails  of  I  III'  li>lii'i  ii-.s  I'nr  a  si'iirs  of  vcars  an'  slio.vii  in  ilii'  rollowin);  tal>l«>  : 
( .\s  to  t  III-  nninlii'i'  ot  pi'isons  i'iiiplo\rd,  il  is  iml  pi.ssilili'  lo  ^ji  vi-  dri  ails  in  .all  r.isi-,-. 
.\l  i'ril)\  loir  Islands  in  l-^-l)  llirrr  wi'io  'M'i  Ali'iils  and  l-  wliili's.  At  (.'oniniaiidi'r 
Islands  I  lii'ri' ai'K  alioni  Itoil  pi  rsoiiH;  in  llm  imitliw  I'si  rnasi  HsIiki;.  ,'>..':)  Indian  liniit- 
I'ls  and  Kill  w  liilrs,  and  in  llni(/ap«  lloiii  (isliiTy  almiil  Inn  wliiics,  nl'  w  Imni  jn'r- 
KapN  :<nii  arc  Chiliiiiis.) 

Xiiinhcrof/in-aialHkiiiHjioni  jn iih  iiial  jinhi iii»,  I'-Tl  Id  I — T. 

|Coiii|iilt'il  I'lom  olHcinl  MourroH  liy  A.  II.  Clink.    Xo  rt'iiirii.s  for  njiiui's  lijuiik  | 


Year. 


(  iiiiiiiiiiiii1<  r  ..     ,,         ,  '  /•   . . 

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lliliVliMi     IkI;iiiiIh  .'mil  ,      >'        1  >'  illuiml      '  .1  <"  t.iilHi't  ,.  , .'      , 

I   1   1   I  111  C'lasi   III  .faiiiiii.      I    I       I  II  II        1  III  (iiHiil 

IflilllllH.  Jklllllll'll  .         .1  I        '  I.SI.1111I4.        11)1111.  I.sIuIkIs.  ,,    , 

I    It..)'  Aiiii'ilo.k.  ^  '  Iliipo. 


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:  Cati'li  UikIi'iI  al  Ilritl«li  ('iiltMnt)m  vi-shi'Ih.  f;  Iti-liiri.s  iinf  ri'ri'ivi'il. 

,i  MiiHlly  tiiUiiiu  III  lluliiiiit;  Sea.    Si'n  .Solu'iliiln  \. 


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!3  WES^  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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SEAL    J'lSIlKKIIvS    IN    IJEIIIXG    SEA. 


Tho  fsecon*!  point  upon  which  information  is  roqiu'stcd  is  "tliat  of  the  destruction 
of  the  fur  seal,  rcHuitiny  either  in  its  extermination  or  the  diminution  of  its  yield,  in 
phices  \vh<ire  it  formerly  abounded,"  etc. 

At  tlu!  hcginninfj  of  the  jtrtj.sent  century  there  w«!re  jjrcat  rookerins  of  fur  seal  at 
Fallcland  Islands,  at  tlie  South  Shellands,  at  Masafuera,  at  South  (Jeorj^ia,  and  at, 
many  other  jda  ■sthrou'ihout  the  Antarctic  rcfjion.  Tli(>se  places  were  visited  Ity  seal- 
ing vessels,  and  indiscriminate  slaui^hter  of  the  animals  resulted  in  the  extermination 
of  tlie  species  or  in  such  diminution  in  their  numhers  that  the  lislu-ry  became  un- 
l)rolital)le. 

The  (h^tails  of  the  Antarctic  fishery  are  given  in  section  fi,  volume  2,  of  the  ([uarto 
report  of  tlie  I'.  S.  Fish  Commission  )»a<ie.s  4U0— lt'7  ;  in  rejiort  by  H.  W.  Elliott  on 
"Seal  Islands  of  Alaska,"  (>,  il7-l'Jl  (re]uinted  in  volume  S,  'J'enth  Census  K(  ports) : 
in  "Monoj;ra]di  of  North  AnuMican  I'ininpeds,"  by. J.  A.  AUi'U  (Misc.  Tub.  XII,  IJ.  S. 
(ieolo^ical  Survey);  in  "  Fanniujj's  Voyajres  Round  the  World"  (Nev  York,  liir5);  in 
"Narrative  of  Voya;:;es  and  Travels  in  Northern  and  Soutliem  llcmisidicres,"  by 
Amasa  Did;iim  (Boston,  1817);  and  in  numerijus  other  works,  to  which  reference  will 
be  found  in  the  aliove  volumes. 

A  few  men  iire  still  living;  who  iiarticijiated  in  tlie  Ant.'irctic  seal  lisheries  years 
ago.  Their  stories  of  tin?  lormer  abimdaiice  of  fur  seals  I  liave  obtaiiu'd  in  jjersonal 
inlervie\V8.  As  to  the  manner  of  destrucliou  there  is  but  one  thiiif;-  to  say.  An  in- 
discriminate slauffhter  of  old  and  younj;,  mahi  and  female,  in  a  few  years  results  in 
the  brcakinjjc  iiji  of  the  larj;est  rookeries,  and,  as  in  the  case  of  Masafiu-ra  and  the 
Falkland  Islands,  the  injury  st>ems  to  be  a  ]ierm;inent  one.  As  an  instance,  tlu^ 
South  Slietlands  were  first  visited  in  I'^l'J,  when  fur  seals  were  very  abiimlaiit :  two 
vessels  in  a  shoit  time  seeiirin<j  full  lares.  In  IS'^O,  thirty  vessels  hastened  to  the 
Islands,  and  in  a  lew  weeks  obtained  upwards  of  yr)O.OflO  skins,  while  thousuids  of 
seals  were  killed  and  lost.  In  1821  and  lf^22  Weddell"  says  ":{"i(l,000  skins  wen- 
taken.  »  *  *  The  system  of  extermination  was  practiced,  •  *  *  for  wlieii- 
«'ver  a  seal  reached  the  beacib,  of  whatever  denondnation,  be  was  immediately  killed 
and  his  skin  taken,  and  by  this  nieiins,  at  the  end  of  the  second  year,  the  animals 
l)eeame  nearly  extinei  ;  tie  younji  haviiiij;  lost  their  mothers  when  only  three  or  four 
<lays  old,  of  (•(Miise  died,  which  at  the  lowest  calculation  exceeded  10(1,00(1."  In  sul)- 
scMjnent  years,  until  I'^l.'),  thes(>  islands  were  occasionally  visited  l)y  vessels  in  search 
of  seal  skins,  lint  never  after  li~~"i  were  many  anim.'ils  ibiind  there.  Alioiit  184.")  tiie 
Antiirctie  fur  sealiiifx  was  abandoned.  In  1871  the  industry  was  renewed,  and  a  few 
vessels  secured  some  valuable  furs  from  tlH^  South  Slietlands,  but  in  a  fen-  years  voy- 
ajjjes  there  became  improlitable.  (.Sih;  section  5,  volume  ',>,  1'.  S.  Fish  Conimissioner's 
Keport,  ].p.  .10-J-1."8.:> 

The  sanu!  story  m.ay  be  told  (,f  Masafuera,  from  which  island  about;?, 500,000  fur-sral 
skins  Were  taken  between  the  years  17i>;{  and  18(J7  (see  section  ."),  as  above,  ]).  407).  Cap- 
tain Morrell  stites  that  in  1807  "  the  business  was  scarcely  worth  following  at  Masa- 
fuera, and  in  It^'H  the  island,  like  its  neiirhi)or  .Juan  Keruaiidez.  was  almost  entirely 
)il)andoned  by  these  ai.  .mils."'  (Morrell's  Voyaire  :  New  York,  l-';5'2,  p.  1:^0.)  Scarcidy 
any  seals  have  since  been  found  at  Masafuma.  Delano  slates  that  in  17'J7  tliern 
irere  twoorthree  million  fur  sealstm  that  island.  Elliott,  in  his  Tei)oit,  already  cited, 
jfives  aeconnts  of  tarlier  voyaj^es  to  Masatiiera,  etc.  I  have  consulted  lojj;  books 
and  journals  of  soveral  voyages,  all  a.ij;reeini;  in  the  former  abundance  and  the  cx- 
terinination  of  the  fur  seal  on  Masafuera  as  well  as  ou  other  Antarctic  or  southern 
islands. 

At  'he  Falkland  Islands  both  fur  seals  and  sea  lions  abounded,  but  there,  too,  they 
were  dc^stroyed. 

The  sealing;'  business  ai  South  Gcor;j;ia  was  most  prosperous  in  l*-00,  dnrinjr  which 
.season  sixteen  American  and  lCni;lisli  vesstds  took  ll"J,<iO()  fur-seal  skins  Though  not 
as  imiioitant  a  rookery  as  some  of  the;  other  isljinds.  considei-abli^  nuniliers  of  fur 
seals  have  been  taken  from  South  fieorj;ia.  Since  1870  s(uue<^ood  ctarj^oes  of  elephant- 
seal  oil  have  been  taken  there. 

Fill-  seals  were  abundant  at  the  Trista«i  d'Aeunha  Islands  at  tlie  boginninfjj  of  the 
<'entiiiy.  and  because  of  tiie  almost  inaccessible  caves  and  rocks  to  which  they  resort, 
a  few  Iiave  survived,  or  least  as  1. ate  as  l,"-<7:{  a  few  were  annually  taken  there. 

On  the  west  coast  of  Africa,  fi'om  (jai)e  of  fiood  Hope  to  Iti'-^  st.uth  latitude,  there 
was  until  1870  a  considerable  number  of  fnr  seals  of  an  inferior  (piality,  but  they  are 
now  pr.actically  exi.ansted,  the  few  skins  nnirketed  aseominf;  from  there  bein>^  taken 
on  various  hauliuf;  f;rounds  on  islets  larther  south  and  east.  (See  See.  5,  vol.  2, 
U.  S.  Fish  Com.  Report,  p.  41.j,) 

The  Prince  Edward  k''""P)  Crozet  Islands,  Kergiieleu  Land,  and  other  smaller 
islands  in  tlie  Soiifliern  Indian  au<l  Sontliern  Paeilic  Oceans  were  important  seal 
tisheries,  l)oth  for  tile  fur  and  ele|)hant  seal.  At  none  of  tlnjm  is  any  niimt)er  of  seals 
found  to-day.  The  English  exploring  ship  ChaUeiKjer  visited  Kerguelen  Land  in 
187l{-'7(i,  and  reports: 

•  VVcdtleU's  Voyages,  p.  130,  quoted  iu  sec.  5,  vol.2,  quarto  report  of  U.  S.  F.  C.,p.  407. 


SEAL    ILSIIERIKS    IN    BEUING    SI^A. 


93- 


thov 


allcr 

Heal 

seals 

till  in 


"Twooi'tlie  whaliiifi  sciliooiicrs met  with  iit  tlie  island  killed  over  seventy  fur  seals 
in  fiiK!  day  iiiid  iiiiwards  of  twenty  at  anutlier,  at  some  sinail  islands  oil'  Howe  Islands 
tt)  The  north.  It  is  a  ])ity  that  some  discretion  is  not  exercised  in  killing;  the  aninnils, 
as  is  don«  at  St.  Paul  I-sland,  in  Hehrin^  .'<ea.  in  the  ciise  cd'  the  northern  fnr  si-al.  Hy 
killin;^  tluf  younif  males  and  selectin;^  certain  animals  only  tor  killin;^  the  nnmher  of 
seals  even  may  he  increased  ;  th(^  sealeis  in  Keryneien  Island  kill  all  they  can  find." 
(i^i  e  '*  Keport  of  the  Si-ientilii'  Resnlts  of  the  l^xplorin^  Voyaj^e  of  II.  M.  S.  ('ItallriKjvr, 
I?**;!-''!).  Narr;'tive  of  the  (Jrnise,  vol  I,  in  two  parts,  -i  .  I'uhlish.d  hy  order  of 
ii<'r  Miijesty's  (Jovcunnient,  I'^^-'i.'') 

In  these  volumes  will  iio  found  sinular  rcferenci>s  to  other  seal  islands  visited  hy 
the  ChulhiKur.     In  referrinf;  to  Marion  Island  the  report  says: 

"The  rnthless  manner  in  whi<di  fnr  and  elephant  seals  were  destroyed  hy  the  seal- 
inji  jiarties  in  the  early  i)art  of  this  century  has  h  id  the  elfeet  (d"  almost  exterminatiuf^ 
the  colon-   that  used  tlieso  desolate  islands  for  hrttedint;  pur]i<)scH."     ( Vcd.  I,  ]>.  2it4.) 

To  recaidtuhite,  concerninj;  seal  rookiiiies  south  of  thi;  eipiator,  I  may  say  that  tliero 
IS  no  single  jdace  whert^  any  uuniher  are  now  known  to  resort,  except  on  the  Lohott 
Islands,  otf  Tern,  and  at  \\n'  month  of  the  Kio  do  la  Plata,  and  on  tin?  neiy;liltorin<^ 
hanlin;^  Hironnds  at  the  clilfs  of  Caho  L'orrientes.  Here  they  are  and  have  Ion;;  heou 
])rotected  hy  the  Aryentino  Kepnldic  or  Urii<;uay,  and  the  rookery  a])pears  to  I'emaiii 
ahout  the  same  size,  with  little  apparent  increase  or  decrease  in  the  numher  of  ani- 
mals, as  may  be  seen  hy  statistics  of  the  catch  in  the  talde  above  ^jiven. 

The  small  rookeries  or  hauling  grounds  at  Diego  liamirc/.  Islands,  Cape  Horn,  and 
the  rocky  islets  in  that  vicinity,  from  l-'70  to  Iri-';?  or  lrf-^1,  yiidded  sonit!  return  to  tho 
hardy  sealers  of  Stonington  and  New  London,  Conn.,  from  v.hich  jiorts  a  half  dozen 
vesstds  have  been  annually  sent.  Evciii  this  last  resort  of  American  sealers  is  practi- 
cally exhausted,  and  only  by  much  search  is  a  jirolitable  voyage  made  thcire.  Ur. 
Cojipinger,  wlio  was  at  Cape  Horn  in  l."'7S-'8'2  (Cruise  of  tlw;  Alert,  by  K.  W.  Copi»in- 
ger:  London,  li^rt:!),  tells  of  the  ditliculties  of  sealing  at  Cape  Horn,  and  of  the  prolits 
made  wIkmi  oven  a  few  skins  are  Heciirt;d,  In  l~8d  Captain  Temple  "came  througli 
the  western  (diannels  of  I'atagonia,  having  entered  the  straits  at  Tres  Montes,"  and 
(111  the  (hivadonga  group  of  barren  rocks  he  says  he  found  some  thousands  of  s(>als. 

Had  the  great  sonihei'ii  rookericis  been  prote  Med  by  (iovernment  it  is  altogether 
]irobahle,  according  to  all  authoriticss,  that  they  would  to-day  yield  many  thousands 
of  skins,  ill  some  cas<'s  e(jnal  to  the  valuable  returns  of  the  I'ribylolf  group. 

\\\  proceeding  u))  the  Southern  Pacific  from  Masafiiera  wo  jiass  St.  Felix,  tho 
Loltos  Islands  oil'  Pern,  and  the  Galapagos  Islands,  on  which,  as  well  as  on  other 
islands  in  that  ocean,  the  fur  .seal  once  was  found,  but  whence  it  has  been  exter- 
minated. North  of  the  e(]ualor  we  meet  first  the  Guadaloupe  Islands,  where  in  1878 
there  were  a  lew  fur  seals,  jiresumalily  migrations  fron  the  Prihylotf  group.  Moving 
northward  ylong  tho  Californian  and  northwest  coast  (.he  fur  seal  is  found  in  winter 
and  early  s])iing  on  its  way  to  the  great  breeding  grounds  on  tho  Pribylofl'  Islands. 
It  is  during  this  migration  that  the  Pacific  .sealin;'  schooners  of  British  Columbia  and 
San  Francisco  caiitnre  them,  and  it  is  probable  that  if  the  flec^t  increases  in  size  with 
a  corresponding  increase  in  the  number  of  seals  taken,  there  will  ere  long  bo  an 
a]>i)reciable  decrease  in  the  number  of  seals  on  the  Pribylofl'  Islands.  This  cau  not 
but  be  the  result,  for  many  sisals  are  killed  and  not  seciinHl,  and  there  is  the  same 
indiscriminate  slaughter  as  regards  young  and  old,  male  and  female,  that  was  prac- 
ticed at  the  Honthern  rookeries.  The  statistics  showitig  the  jiresent  growing  condi- 
tion of  tho  northwest  coast  fishery  and  th<!  ctl'orts  of  the  fishermen  to  follow  the  seals 
<!veii  into  IJehring  Sea  are  already  a  matter  of  record  and  need  not  be  repeated  here 
except  to  refer  to  the  annual  rei^orts  of  the  do[)artment  of  fisheries  of  Canada.  In 
the  report  for  1886  will  be  found  (on  i)agt!  241*)  tho  names  of  tho  IJritish  Columbian 
fleet,  aggregating  20  vessels  manned  by  79  sailors  and  1580  hunters,  and  their  catch  is 
giv(!ii  at  ;W,'J17  skins  as  compared  with  III  vessels  taking  17,700  skins  in  188'i.  Tho 
American  vessels  in  this  fleet  in  1880  and  their  catch  is  given  by  Mr.  Swan  in  section 
5,  volumo  2,  of  the  quarto  report  of  IT.  g.  Fish  Commission. 

It  is  not  necessary  that  I  refer  to  tlio  condition  of  the  rookeries  on  tho  PrihylotV 
Islands.  There  can  he  no  question  conctjrniiig  the  advisability  of  regulating  the  num- 
ber of  animals  to  be  killed  and  the  selection  of  such  animals  as  will  not  interfiM'o  with 
the  breeding  of  tho  s[)ecies.  The  history  td'  tho  islands  at  the  beginning  of  the  cent- 
ury, ■when  there  was  an  ii'discriminate  slaughter  of  fur  seals,  and  the  ]ii()tecf ion  of 
the  animals  in  1808  and  thereafter  l>y  the  Russian  and  American  GovorntiKMits  is  fiillv 
told  by  Veniaminov  and  by  lOlliott,  and  jiet'd  not  be  repeated  here.  ( Veniaininov's 
Zaideskie,  etc.  ;  St,  Petei'sburg,  1842;  volume  2,  pp.  5(58,  «|uoted  by  II.  AV.  Elliott  in 
Seal  Islands  of  Alaska    pp.   14n-14."),  volumo  S,  Tenth  Ci-nsus  Report.) 

The  Commander  Islands  (Ihdiring  and  Cojiper  Islands),  in  Ih-hring  S(>a,  and  Robbeu 
Reef,  near  Saghalieu,  in  tho  Okhotsk  Sea,  are  leased  hy  the  Alaska  Coinnu'n  iai  (!oni- 
pany,  and  an^  jirotected  by  the  Russian  (lovernmont  in  niiicli  tlie  same  manner  that 
the  Pribylofl  Islamls  are  protected  by  tho  United  States  Govcruinent.     A  description 


■imqpii 


SEAL    FLSIIERIES    l.\    ]{ERING    SEA. 


of  ilio  Hfiil  industry  on  tliose  islands  is  ^'ven  by  Professor  Nordcnskiold  in  ^'oyagc  of 
tlio  V<'j^a,  <a  translation  of  a  i)orti(»n  of  liis  report  beinK  given  by  Mr  Elliott  on  )iiitccs 
109-lir>,  in  Seal  Islaiitls  of  Alaska.  At  Kobben  Roof  it  is  iiniiossibio  to  establish  a 
station,  tlu)  rock  bcinj;  often  wave-waslitMl,  but  tli«  Alaska  Coinjiany  send  men  there 
in  the  season  to  gather  from  1,500  o  4,000  skins  each  year.  The  agent  of  tiie  Russian 
Government  confers  with  tlio  Alaska  Coni|)any's  agent  each  year  to  deternnne  the 
number  of  skins  that  shall  bo  taken  in  the  Commander  Islands. 

The  seals  taken  by  the  Japanese  are  those  migrating  from  the  Commander  group 
and  are  not  secured  in  large  numbers,  tliP  average  being  about  4,000,  though  some 
yea^s  as  many  as  11,000  are  taken, 

SciiEDULK  A. — Memorandum  of  Heal-sk'm  Hcizures,  vessels,  etc.,  in  Behring  Sea,  in  1887. 


Kame  aud  rig. 

^«tion.       ^^^_ 

Captain. 

Owner. 

Seized. 

Date. 

Seals. 

Steamschoonerg. 
W.  P.  Saywnrd  . 

iirifish  ... 
....do 

59 
3(! 
76 
70 

CB 
65 

Geo.  R.  Terry. 

J.  D.  Warren.. 
...do 

Steamer  Rnsh . 

...do 

do 

July  10 
July     3 
July  18 
July  13 

Aug.  12 
Aug.  25 

477 
336 

....do 

Wni.  Petit <l<i 

769 

Dolphin 

Schooners. 

Alfred  Adams  . 
Ada 

....do 

....do 

....do 

J.  D.Warren 

W.  W.Dyer.. 
J.  Gaudiii 

....do 

J.  Guteinan  . . 
J.  Boskowitz.. 
L.  A.  Hough  .. 

618 

....do  ...  

Steamer  Bear 
Steamer  Rush 
....do 

1,378 
1,87C 

Lottie  Fairflold* 

•0;-allenger 

LilvL 

Aniericau 

....do  

..  do 

36 
63 
25 
16 
12 

26 

51 
18 

70 
68 

n.  B.  Jones  . . 
J.  W.Todd... 

H.  Brown 

Ohas.  Lutjen  . 
T.  n.   Went- 
'    worth. 

James  Talten . 

J.  S.  Leo 

A.  Tulles 

0.  E.  Pvaynor  . 
J.  L.  Cathcut. 

Aug.    5 
July     1 
July  25 
Aug.  11 
Aug.  12 

SAug.  12 

U"g.  12 

Aug.  23 

Aug.    5 

Aug.  25 
Sept.    2 

443 

G.  W.  Ladd  . . . 

151 

Jas.  LaAin 

Chas.  Lutjen.. 
G.W.Lybyjuflt 

C  J  as.  Talten   ) 
I  J.  V.  Garvin  5 
(J.S.Leo....  ^ 
)  J.  D.  Griffln  ) 
J.  D.  Griffin... 

....do 

....do 

...do 

195 

Kato  and  Annie 

....do 

do 

304 
677 

do  .... 

....do      

...do 

195 

Kmn  Jos6 

....do 

....do 

....do 

....do  

3H9 
891 

AngoIDolly 

AllieT.  Alger.. 
Sylvia  llandy  . . 

Total 

G.  R.  Tingle, 

Troas.  agent. 

Steamer  Bear. 

— do 

178 
1,594 

L.  N.   Handy 
&.  Son. 

1,597 
11, 969 

*  Vessel  not  captured. 


Arrii'al  of  scaHng  schooners  from  Behring  Sea  in  1887,  as  far  as  reported  to  October  5,  1887 


Arrived  at- 


Port  Townsend. 
Victoria 

Do 

Do 

Do 


Do. 

Do 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 


Name  cf  schooner. 


Lottie 

Mary  Taylor 

Pathfinder 

Penelope 

Black  Diamond 

Mountain  Chief  .. 
Loltie  Fairfield  .. 

Adel 

Favorite 

Teresa , 

Triumph 

('ity  ot  .San  Diego 
Vanderbilt , . 


No.  of 
skins. 


700 
1,000 
2,300 
1,500 

595 

700 
2,997 
1,350 
1,887 
1,246 

480 
1,187 
1,300 


17,  242 


^ 


Recapitulation,  aa  reported  up  to  October 
lauded,  17,'J42;  total,  til*, 'ill. 


1887:   Skins  seized,  11,969:   skins 


SEAT,    FISHERIES    IN    BERING    SEA. 


fl 


,) 


477 
336 
769 
61t« 


1,370 
1,87C 

""443 
161 
195 
304 

677 

I9S 
88J> 

891 

178 

1,S94 
1,597 

11,  069 


1887 


700 
1,000 
2,300 
1,500 

595 

700 
2,997 
1,350 
1,887 
1,246 

480 
1,187 
1,300 

17,  242 


Bkius 


<Bi^ 


|Itii  losure  -.] 

,         Mr.   /niiull  to  Mr.   lUtjinrd. 

Smhii.-<()Niax  iNsmrTioN, 
If'axhiiHitDii,  I).  C,  DiTcmher  ;>,  l^^l . 

Sik:  Diiriiiff  llic  cmirx'  of  my  cxteiidcd  stiidicH  of  llin  fur  seal  oi)  its  hrciMlinijf  iiiid 
haulinj;  jiioumls  in  Ueliiiiifi  Sea,  I  \va,s  led  naturally  into  a  very  careful  I'xainiiiatioii 
of  tlio  stilijcct  of  its  jnoti'dioii  and  pcrin'tiiatioii.  'I'iiis  invest  illation  cansfrl  nu*  to 
f^ivo  iiuud)  attention  tlit'ii  to  llie  ctrcct  wiiicli  iiclayic  sealing  would  liavc  upon  tlin 
\v(dl-l)ein^  and  tiio  couM-rvation  of  tlifsc  anomalous  and  valuable  interests  of  our 
(lovornment  as  wo  view  tliem  upon  the  I'rihyloff  jjroiip. 

Wlieu  ])rej)arinir,  in  \HTi\,  a  tiiial  arranjiement  of  my  field-nott^s  and  memoranda  for 
publication  in  my  Monoj^rapli  of  tlit!  Seal  Islands  of  Alaska  (Tenth  Census  I'nited 
States  of  America),  tiie  late  Professor  IJaird  suj^jjested  that  I  (unit  the  discussion  of 
tiiis  theme  f)f  pelagic  sealing,  Itccause  it  miglit  serve  to  invite  an  attack  which  other- 
wise would  never  he  nuide  upon  those  ]>rescrves  of  our  Government. 

This  attack,  liowever,  hiis  recently  l>ec:i  made,  and  the  thought  occurs  to  me  now 
that  a  brief  epitome  of  my  study  of  the  etiect  w  hich  (his  plan  of  sealing  will  havt^ 
upon  the  inti'grity  uiid  value  of  our  fur-bearing  interests  in  Beliring  Sea — tliat  such 
a  l)rief  yet  accurate  statement  will  be  of  service  to  you.  1  therefore  venture  t<> 
present  the  following  transcri))t: 

It  is  now  well  understood  and  uiniuestioned — 

(1)  That  the  fur  seal  of  Alaska  is  oi)lige(l  to  haul  cut  annually  upcui  the  PriljylotV 
Islands  for  the  purpose  of  breeding  and  shedding  its  i)clagc. 

(2)  That  from  the  time  of  its  departure  from  tlu^se  islan<ls  in  *'ie  autumn  of  every 
yearn))  to  the  time  of  its  return  to  thciu  in  the  following  spring  i;  lands  nowhere  else. 

(:i)  That  it  arrives  en  mtisso  upon  these  isliiuds  in  June  and  July  aiiJ  departs  from 
them  in  October  and  November. 

(4)  That  when  leaving  the  islands  in  the  fall  it  heads  directly  for  and  rapidly  jiasscs 
out  from  Heliring  Sea  into  the  w  aters  of  the  North  Pacntic  Ocean.  Its  paths  of  travel 
are  bee-lines  from  the  Pribyloff  group  to  and  through  the  numerous  passes  of  the 
Aleutian  Archipelago;  the  passes  of  Ooniumak,  Akootan,  Oonalga,  Oomuak,  and  the 
Four  Mountains  are  most  favored  by  it. 

(r>)  That  it  returns  from  the  broad  wastes  of  the  Nortb  Pacilic  Ocean  by  these  same 
paths  of  departure. 

Therefore,  if  you  will  glance  at  the  nuip  of  Alaska  yon  will  observe  that  the  con- 
vergence and  divergence  of  these  watery  paths  of  the  fur  seal  in  liehring  Sea  to  and 
from  the  Seal  Islands  resembles  the  spread  »)f  the  sjjokes  of  a  half  wheel — the  Aleutian 
<'bain  forms  the  felloe,  w  hilo  the  bub  into  which  these  spokes  enter  is  the  small  Priby- 
lotf  group. 

Thus  yo':  can  .see  that  as  tbese  watery  paths  of  the  fur  seal  converge  in  Bebring 
Sea  they,  in  so  doing,  rapidly  and  solidly  mass  together  thousands  and  tens  of  thou- 
sands of  widely-scattered  animals  (as  they  travel)  at  points  50  and  even  100  miles  dis- 
tant from  the  rookeries  of  the  Seal  Islands. 

Here  is  the  location  and  the  opportunity  of  the  pelagic  sealer.  Here  is  bis  cbaiice 
to  lie  at  anchor  over  the  shallow  bed  of  IBchring  Sea,  .'jO  and  100  miles  distant  from 
the  Pribylort'  group,  where  be  has  the  best  holding  ground  known  to  sailors,  and  where 
he  can  ride  at  .any  weather  safely  swinging  to  bis  cable  and  in  no  danger  from  a  lee 
shore  if  it  should  slip.  The  immediate  vicinity,  however,  of  tbe  Aleutian  pas.ses  is 
dangerous  in  tbe  extremi!  to  him.  There  he  encounters  terrible  tide-rips,  swift  cur- 
rents, and  furious  gales  formed  through  the  entrances,  witli  the  very  worst  of  rough, 
rocky,  holding  ground. 

But  up  here,  anywhere  from  3  to  lOO  miles  so.;tli  of  tbe  Seal  Islands,  in  Bebring  Sea, 
in  that  watery  roatl  of  the  returning  fur-seal  millions,  he  has  a  safe  and  tine  location 
from  whicb  to  shoot,  to  spear,  and  to  net  these  fur-bearing  amphibians,  and  where 
Jie  can  work  the  most  complete  ruin  in  a  very  short  time. 

His  power  for  destruction  is  still  further  augmented  by  Ibe  fact  that  those  seals 
which  are  most  liable  to  meet  bis  eye  aiul  aim  are  female  fur  seals,  which,  heavy  with 
young,  are  here  slowlv  nearing  tiie  land  reluctant  to  haul  out  of  the  cool  water  until 
the  day  and  hour  arrives  that  limits  the  period  of  their  gestation. 

Tbe  pelaL.ic  sealer  employs  three  agencies  with  whicb  to  secure  bis  ([uarry,  viz:  He 
sends  out  Indians  with  canoes  and  .spears  from  his  vessel ;  be  uses  ritle  and  ball,  shot- 
guns, and  buckshot;  and  last,  but  most  deadly  and  destructive  of  all,  be  spreads  the 
"gill-net"  in  favorable  weatlier. 

With  gill-nets,  under  run  by  a  fleet  of  sealers  in  Bebring  Sea,  across  tbe.se  con- 
verging jiatbs  of  tlie  fur  seal,  anywhere  from  3  to  100  miles  sotithorly  from  tbe 
Seal  Islands,  I  am  extremely  moderate  in  saying  that  such  a  fleet  couhi.  and  would 
utterly  ruin  tbe  fur-seal  rookeries  of  tbe  Pribylofl'  Islands  in  less  time  than  three  or 


96 


SEAL    FISIIKRIES    IN    J5ERL\G    .SEA. 


((lur  short  sfiisons.  If  theses  iii(-.i  wv.vc  iiiKrlicckt'd  every  f(ir)t  of  tliat  uatcry  area  ot 
fiii-Hcal  travel  in  Jieliriiiir  Si'a  aliove  imlic^atecl  could  and  wctiild  l>e  traversed  l>y  theso 
deadly  nets,  and  a  seal  would  scarcely  Jiave  one  cliancc;  in  ten  to  safely  pass  such  a 
cordon  in  attemiitini;  to  ti'>  ii"<I  return  from  its  lireedinfi  haunts. 

Open  thesii  waters  ol  l>ehrin;r  8i'a  to  unchecked  peh'fjic  sealiii<;,  tlitsn  a  ileot  of  hun- 
dreds of  vessels — steamers,  slii]is,  schooners,  and  whainot — would  ininu^diately  ven- 
ture into  them  hi'iit  upon  1h(!  most  vifjorou.  and  indiscriniinato  slanjjhter  of  those 
animals.  A  few  seasons  then  ot  the  jjreediest  rai)ine,  then  nothinj^  left  of  tlioso 
wonderful  and  valual)Ie  Interests  of  the  puhlic  which  arc  now  so  handsomely  eni- 
hodied  on  the  .Seal  Islands.  (Juarded  and  (!onserved  as  they  an;  to-day  they  will  last 
for  an  indehnite  time  to  come,  olijccts  of  the  hijihest  commercial  value  and  good  to 
tilt;  world,  and  snlijticts  for  the  most  fasciuatinj;  hiolojjical  study. 

It  is  also  well  to  note  the  (a<,'t  that  not  an  elij^ihlo  acre  of  land  is  barred  out  from 
settlement  or  any  other  lit  use  hy  ttiir  people,  and  not  a  lea^^uo  of  water  is  closed  to 
any  l(;f;itimate  trade  or  ct)mmerctf  in  all  Alaska  hy  this  action  of  our  Governuient  in 
thus  proteetiufi;  the  fur-hearinj^  rookeries  of  the  i'ribyloll' jrroup. 

Such  are  the  facts  in  this  connection.  They  are  indisi)utal)le.  No  iiitelllij;ent,  iin- 
sellish  man  will  advocate  for  a  moment  the  ]tolicy  of  (histructiou  in  this  instance — ho 
nevi'r  will  if  fully  aware  <)f  the  facts  hearinj;  on  th(<  (juestion. 

There  are  only  two  parties  in  this  controversy.     Tln^  party  of  destruction  demands 
tlie  full  riffht  to  unchecked  jielaj^ic  sealiiifj;  in  Behrinjj  Sea,  while  the  party  of  preser- 
vation denumds  the  suppression  of  that  sealiujjf.     Comment  is  uuuecessaiy. 
Very  tjuly,  etc, 

IIenky  W.  Elliott. 


ISO.    it. 


f 


Mr.  Fhetps  to  Mr.  Bayard. 


Xo.  090.]  LECrATION   OF   THE   UNITED  STATES, 

London,  February  18,  1888.  (Ueceived  February  28.) 
Sir  :  I  received  yesterday  your  instruction  Xo.  782,  under  date  of 
]'\'l)ruary  7,  relative  to  tlie  Alaskan  seal  tislieries.  1  immediately  ad- 
<h"essed  a  note  to  Lord  Salisbury,  iuclosiuo"  for  his  perusal  one  of  the 
printed  copies  of  the  instruction,  tind  requesting  an  api)ointment  for 
an  early  interview  on  the  subject. 

1  also  sent  a  note  to  the  Kussian  ambassador,  and  an  interview  with 
him  is  arranged  for  the  21st  instant. 

The  whole  matter  will  rt'ccive  in.\  immediate  and  thorough  attention 
and  I  hoj)e  for  a  favorable  result.  Meanwhile  I  would  ask  your  consid- 
eration of  the  manner  in  whiiih  you  would  i)ropose  to  carry  out  the 
regulations  of  these  fisheries  that  Uiay  be  agreed  upon  by  the  countries 
interested.  Would  not  legislation  be  necessary;  and,  if  so,  is  there 
any  hope  of  obtaining  it  on  the  part  of  Congress  '! 
1  have,  etc., 

E.  J.  Phelps. 


Xo.  78. 


Mr.  rhi'lps  to  Mr.  Bayard. 

[Extract.!  '      ■ 

Xo.  G92.J  Legation  of  the  United  States, 

London,  February  25,  1888.     (Received  March  G.) 

Sir:  Eeferriug  to  your  instructions,  numbered  782,  of  February  7, 
1888,  in  reference  to  the  Alasktt  seal  lislieri(>8,  and  to  my  reply  thereto, 
inimbered  (UK),  of  February  18,  I  have  the  honor  to  inform  you  that  1 


SEAL    FISHERIES    IN    BERING    SEA. 


97 


have  since  had  int«'rvie\v8  on  the  subjoct  with  Lord  Salisbury  and  with 
M.  de  Staal,  the  Kussian  andKissador. 

Lord  Salisbury  assents  to  your  proposition  to  establish,  by  mutual 
arrangement  between  tlm  Governments  interested,  a  close  time  for  fur 
seals,  between  April  15  and  November  1,  and  between  1G0°  of  longitude 
west  and  170°  of  longitude  east,  in  the  Behring  Seac 

lie  will  also  join  the  United  States  (Government  in  any  preventive 
measures  it  may  be  thought  iKst  to  adopt,  by  orders  issued  to  the 
naval  vessels  in  that  region  of  the  respeetivi^  Governments. 

1  have  this  morning  tclegrapiMMJ  you  lor  additional  printed  copies  of 
instructions  1H2  for  ihe  use  of  Her  Majesty's  Government. 

The  Kussian  ainbassailor  concnrs,  so  far  as  his  i)ersonal  opinion  is 
concerned,  in  the  pro]>ri(My  of  tl.<e  ])i'op()sed  measures  for  the  protection 
of  the  seals,  and  has  promised  to  communicate  at  once  with  his  Govern- 
ment in  regard  to  it.  1  have  furnished  him  with  copies  of  instructions 
782  for  the  use  of  his  (jovernment. 


]  have,  etc., 


E.  J.  Phelps. 


No.  79. 
Mr.  Buyard  to  Mr.  Vhelps. 

No.  810,]  DKPART3IENT   OF  STATE, 

Wa,shin(/t<m,  March  2,  1S8S. 

Sir;  1  have  to  acknowltMlge  the  re<'eipt  of  your  No.  000,  of  the  18th 
ultimo,  in  rehition  to  the  Ahiskan  seal  lishenes,  and  have  jdeasure  in 
observing  the  ])ioinptituile  with  wlii(;h  th(^  l>usiness  has  been  conducted. 

It  is  hoped  that  liord  Salisbury  will  give  it  favorable  consideration, 
as  there  ;Mn  be  no  doubt  of  the  importance  of  i)reserving  the  seal  fish- 
eries in  Behring  Sea,  and  it  is  also  desirable  thai  this  should  be  done 
by  an  iwraugement  between  the  GovernnuMits  interested,  without  the 
United  States  being  called  upon  to  consider  what  special  measures  of 
its  own  the  exceptional  character  of  the  i)roj)erty  in  question  mighc  re- 
quire it  to  take  in  case  of  the  refusal  of  Ibreigu  powers  to  give  their  co- 
operation. 

Whether  legislation  would  be  necessary  to  enable  the  United  States 
and  Great, Britain  to  carry  out  measures  for  the  protection  of  the  seals 
would  depend  much  upon  the  character  of  the  regulations;  but  it  is 
probable  that  legislation  wouhl  be  retpiired. 

The  manner  of  protecting  the  seals  would  de))end  u|)on  the  kind  of 
arrangement  which  Great  Britain  would  be  willing  to  make  with  the 
United  States  for  the  policing  of  the  seas  and  for  the  trial  of  British 
subjects  violating  the  regulations  which  the  two  Governments  may 
agree  upon  for  such  protection.  As  it  ai)pears  to  this  Government,  the 
commerce  carried  on  in  and  about  Behring  Sea  is  so  limited  in  variety 
and  extent  that  the  preseut  ettbrts  of  this  Government  to  protect  the 
seals  need  not  be  coujplicated  by  considerations  which  are  of  great  im- 
portance in  highways  of  commerce  and  render  the  interference  by  the 
officers  of  one  Government  with  the  merchant  vessels  of  another  on 
the  high  seas  inadmissible.  But  even  in  regard  to  those  parts  of  the 
globe  where  commerce  is  extensively  carried  on,  the  United  States  and 
Great  Britain  have,  for  a  common  purpose,  abated  in  a  measure  their 

S.  Ex.  106 7 


98 


SEAL    FI.S1IEKIP:S    in    BERING    SEA. 


objection  to  such  iiitorferonce  and  agreed  that  it  might  be  made  by 
the  naval  vets.sel.s  of  either  country. 

liet'erence  \h  made  to  the  tieaty  con<;hided  at  Washington  on  the  7th 
of  April,  1802,  between  the  United  States  and  (Ireat  Britain  for  the  sup- 
pression of  the  slave  trade,  under  which  riie  joint  policing  of  the  seas 
by  the  naval  vessels  of  the  contracting  parties  was  provided  for.  In 
this  convention  no  limitation  was  imposed  as  to  the  part  of  the  high 
seas  of  the  worhl  in  which  visitation  and  search  of  the  merchant  ves- 
sels of  one  of  the  contraciting  i)arties  might  be  made  by  a  naval  vessel  of 
the  other  party.  In  the  present  case,  however,  the  range  within  which 
visitation  and  search  would  be  require<l  is  so  limited,  and  the  commerce 
there  carried  on  so  insignificant,  that  it  is  scarcely  thought  necessary 
to  refer  to  the  slave-trade  convention  for  a  precedent,  nor  is  it  deemed 
necessary  that  the  i)erformance  of  police  duty  should  be  by  the  naval 
vessels  of  the  contracting  parties. 

In  regard  to  the  trial  of  ott'enders  for  violation  of  the  proposed  reg- 
ulations, i)rovision  might  be  made  for  such  trial  by  handing  over  the 
alleged  ott'eiidcr  to  the  ci>urts  of  his  own  country. 

A  precedent  for  such  procedure  is  found  in  the  treaty  signed  at  the 
Hague  on  May  0,  18S2,  for  regulating  the  police  of  the  North  Sea  fish- 
eries, a  copy  of  which  is  inclosed. 
I  am,  etc., 

T.  F.  Bayakd. 


No.  80. 


Mr.  White  to  Mr.  Bayard. 


[Telegram.  | 


Legation  of  the  United  States, 

London,  April  7,  1888.     (Received  April  7.) 

Mr.  White  stated  that  on  the  following  Thursday  he  was  to  meet 
Lord  Salisbury  and  M.  de  Staal  to  discuss  the  question  of  the  protec- 
tion of  the  seals.  On  April  7  he  had  had  an  interview  on  the  subject 
with  M.  de  Staal,  from  whom  he  learned  that  the  Russian  Government 
wished  to  include  in  the  proposed  arrangement  that  part  of  Behriug 
Sea  in  which  the  Commander  Islands  are  situated,  and  also  the  sea  of 
Okhotsk.  Mr.  White  supposed  that  the  United  States  would  not  object 
to  this. 


No.  81. 


Mr.  White  to  Mr.  Bayard. 

No.  720.]  Legation  of  the  United  States, 

London,  April  7,  1888.     (Received  April  17.) 

Sir  :  Referring  to  your  instructions  numbered  782  of  February  7  and 
810  of  March  2,  respecting  the  protection  of  seals  in  Behring  Sea,  I  have 
the  honor  to  acquaint  you  that  I  received  a  private  note  from  the  Mar- 
quis of  Salisbury  this  morning  stating  that  at  the  request  of  the  Rus- 
sian embassador  he  had  appointed  a  meeting  at  the  foreign  office  next 
Wednesday,  llth  instant,  "  to  discuss  the  question  ofa  close  time  for  the 


SEAL    FISHERIK8    IN    BERING    SEA. 


99 


seal  fishery  in  Behring  Sea,"  siiul  expressing  a  hope  that  1  wonld  make 
it  convenient  to  be  present,  antl  I  have  replied  tliat  I  shall  be  happy  to 
attend. 

Subsequently  I  saw  M.  de  Staal,  the  Russian  embassador,  at  his  re- 
quest. He  referred  to  the  interviews  whieh  ^Mr.  Phelps  had  had  with 
him,  of  which  I  was,  of  course,  cognizant,  and  stated  that  his  full  in- 
structions on  the  subject  would  not  reach  London  until  to-night  or  to- 
morrow, and  that  he  was  about  to  leave  town  until  next  Weduesdfiy, 
but  meanwhile  he  could  say  that  his  (Toverument  would  like  to  have  the 
regulations  which  might  be  agreed  upon  for  liehring  Sea  extended  to 
that  portion  of  the  latter  in  which  the  Commander  Islands  are  situated, 
and  also  to  the  sea  of  Okhotsk  (in  which  Robben  Island  is  situated). 

As  both  these  places  .are  outside  the  limit  laid  down  in  your  instruc- 
tion numbered  782  (170°  of  longitude  east  from  Greenwich),  I  have 
thought  it  best  to  send  you  the  telegram,  of  which  I  inclose  a  copy  here- 
with.* 

I  am,  etc., 

IlENRY  White. 


No.  82. 
Mr.  Bayard  to  Mr.  ]Vhite. 

[Tolegrnm.l 

Department  of  State, 

Washington,  April  d,  1888. 

Mr.  Bayard  stated,  in  reply  to  Mr.  White's  telegram  of  April  7,  that 
this  Government  did  not  object  to  the  extension  of  the  arrangement  for 
the  protection  of  the  fur-seal  fisheries  to  the  whole  of  Behring  Sea. 


No.  83. 
Mr.  Bayard  to  Mr.  White. 

[Extract.]  • 

No.  849. J  Department  of  State, 

WashingtoHy  April  18,  1888. 

Sir  :  I  have  to  acknowledge  your  No.  720  of.  the  7th  instant,  inclos- 
ing copy  of  your  telegram  of  the  same  date  in  which  you  informed  the 
Department  that  Loul  Salisbury,  the  Russian  ambassador,  and  your- 
self were  to  meet  on  Thursday,  the  12th  instant,  to  discuss  the  protec- 
tion of  vseals,  and  that  the  Russian  (lovernment  desired  to  include  in 
the  proposed  arrangement  that  portion  of  Mehring  Sea  in  which  Com- 
mander Ishunls  are  situated,  ami  also  the  sea  of  Okhotsk. 

On  the  9th  instant  I  sent  you  a  telegram  stating  that  this  Govern- 
ment did  not  object  to  tlie  extension  of  tlie  arrangement  for  the  protec- 
tion of  the  fur-seal  fisheries  to  the  whole  of  Behring  Sea. 

Owing  to  an  error  in  transmission  of  your  telegram,  Okhotsk  Sea  did 
not  appear  to  be  included  in  the  suggestion,  bui;  there  is  no  objection 
to  such  inclusion. 
I  am,  etc., 

T.  r.  Bayard. 


For  inclosnie  see  supra  No.  80. 


100 


8KAL    FI.SHEUIKS    IN    UEHINO    SEA. 


No.  84. 
uMr.  Whitf'fo  Mr.  Bayard. 


No.  725.] 

Sir  :  Kefi'rring  to 


Legation  of  the  United  States, 
London,  Ai)ril  L'O,  1888.  (Received  April  'M).) 
your  iiistnuitioiiH  Nos.  (Jo.'),  782,  and  810,  to  Mr. 
Plieli)^'  <lispat(!lie.s  Nos.  018  and  (JIM),  and  to  sul)se<|uent  correNpondence, 
I  liave  the  lioiior  to  acquaint  ,von  tliat  1  called  at  tlie  foreijjfn  otlice  on 
tlie  Hitli  instant  for  the  purpose  of  discussinjj  with  the  Manjnis  of 
Salisbury  and  M.  de  Staal,  the  Russian  and)assador,  the  details  of  the 
l>r()|)osed  conventional  arran}];enuMit  for  the  jnotection  of  seals  in  Hehring 
Sea. 

M.  de  Stiial  expressed  a  desire,  on  behalf  of  his  (Jovernnient,  to  in- 
clude in  the  area  to  be  protected  by  the  convention  the  sea  of  Okhotsk, 
or  at  lijast  that  portion  of  it  in  which  liobben  Island  is  situated,  there 
beiufj,  he  said,  in  that  region  larj^e  nund)ers  of  seals,  whose  destruction 
is  threatened  in  the  same  way  as  those  in  Behrinjjf  Sea. 

He  also  urfjjed  that  measures  be  ttiken  by  the  insertion  of  a  clause  in 
the  proposed  convention  or  otherwise,  for  prohibiting  the  importation, 
by  merchant  vessels,  into  the  seal-protected  area,  for  sale  therein,  of 
alcoiiolic  drinks,  fire  arms,  guni»owder,  and  dynamite. 

Lord  Salisbury  expressed  no  oi)iinon  with  regard  to  the  latter  i)ropo- 
sal,  but,  witjj  a  view  to  meeting  the  Russian  Government's  wishes  re- 
specting the  waters  surrounding  Robben  Island,  he  suggested  that,  be- 
sides the  whole  of  Rehring  Sea,  th«)se  i)ortions  of  the  Sea  of  Okhotsk 
and  of  the  Pacific  Ocean  north  of  north  latitude  41'^  should  be  included 
in  the  projiosed  arrangement. 

His  lordship  intimated  furthermore  that  the  ])eriod  ])roposed  by  the 
United  States  for  a  close  time,  April  15  to  November  1,  might  interfere 
with  the  trade  longer  thiiii  absolutely  necessary  for  the  juotection  of  the 
seals,  and  he  suggested  October  1,  instead  of  a  month  later,  as  the  ter- 
mination of  the  ]>('ri()d  of  seal  protection. 

1  referred  to  tlie  commmucations  already  made  by  Mr.  Phelps  on  this 
subject  to  Lord  Sidisbury,  and  said  that  1  should  be  obliged  to  refer  to 
you  the  jjrojtosals  which  had  just  been  made,  before  expressing  an  opin- 
ion with  regard  to  them. 

I  have  accordingly  the  honor  to  ask  for  instructions  in  reference  to 
the  same. 

Mejinwhile  the  Marquis  of  Salisbury  promised  to  have  prepared  a 
draugiit  convention  for  submission  to  the  Russian  ambassador  and  to 
myself.  I  shall  lose  no  time  in  forwarding  to  you  a  copy  of  this  docu- 
ment when  received. 

I  am,  etc.,  Henry  White. 


No.  85. 

Mr.  Bayard  to  Mr.  White. 

No.  864.]  Department  of  State, 

Washington,  May  1,  1888. 

Sir:  Your  dispatch  No.  725  of  the  20th  ultimo  stating  the  result  of 
your  interview  with  Lord  Salisbury  and  the  Russian  ambassador  rela- 
tive to  the  protection  of  seals  in  Bebriug  Sea,  and  requesting  further 
instructions  as  to  their  proposals,  has  been  received. 


SKAL    FlSHKItlKS    IN    HKRINO    SEA. 


101 


r 


As  yon  liiive  alroiuly  b»MMi  iiistnictcd,  the  DopsirtiiuMit  does  not  object 
to  the  inclu.sion  of  th«'  sen  of  Okhotsk,  oi-  so  uiuch  of  it  as  may  be  neces- 
sary, in  the  arranjivnient  for  thi^  protection  of  the  seals.  Nor  is  it 
thoufjlit  absolntely  necessary  to  insist  on  the  extension  of  tiie  ch)se  sea- 
son till  the  1st  of  Xovenil»er. 

Only  such  a  period  is  desired  as  may  be  reqnisite  for  the  end  in  view. 
Bnt  in  order  that  suc<!ess  niny  be  assured  in  the  eftorts  of  the  various 
{{overnments  interested  in  the  protection  of  the  seals,  it  seems  advisa- 
ble to  take  the  loth  of  October  instead  of  the  1st  as  the  date  of  the  close 
season,  although,  as  I  am  now  advised,  the  1st  of  November  would  be 
safer. 

The  sufjgestion  made  by  Lonl  Salisbury  that  it  nniy  be  necessary  to 
briii}j  other  governments  than  the  United  States,  (rreat  Britain,  and 
Russia  into  the  arranjjeinent  has  alrea«ly  been  met  by  the  action  of  the 
Department,  as  I  have  heretofore  iiUVnnied  you.  At  the  same  time  the 
invitation  was  sent  to  the  British  Government  to  nej^otiate  a  convention 
for  seal  protection  in  Behrinj^  Sea,  a  like  invitation  was  extended  to 
various  other  powers,  which  have  without  exception  returned  a  favor- 
able resimnse. 

In  order,  therefore,  that  tlie  plan  nuiy  be  (larried  out,  the  convention 
proposed  between  the  United  States,  Great  Britain,  and  Kussia  should 
contain  a  clause  providinj?  for  the  subsecpient  adhesion  of  other  powers. 

In  regard  to  the  suggestion  of  the  Russian  ambassador  that  the  con- 
vention be  made  to  cover  the  question  ol  the  sale  of  tire-arms  and 
liquor  to  the  natives  on  the  coasts  in  question,  1  am  compelled  to  think, 
while  in  favor  of  restricting  or  prohibiting  such  sale,  that  it  would  be 
advisable  to  regulate  the  subject  separately  from  the  protection  of  tfce 
seals.  It  is  possible  that  some  govern?nents  might  readily  assent  to 
the  latter  object,  while  indisi)osed  to  accede  to  the  former,  and  in  that 
way  lead  to  the  defeat  of  the  end  tirst  proposed  by  this  Government. 
I  am,  etc., 

T.  F.  Bayard. 


No.  86. 


Mr.  White  to  Mr.  Bayard. 


No.  767.] 


Legation  of  the  United  States, 

London,  June  0,  1888.    (Received  June  16.) 


Sib:  With  reference  to  your  instructions  numbered  864,  of  May  1, 
and  to  previous  correspondence,  I  have  the  honor  to  inclose  herewith, 
for  your  information,  a  copy  of  Sir  James  Fergusson's  reply  to  a  ques- 
tion asked  by  Mr.  Gourley  in  the  House  of  Commons  on  the  4th  instant, 
from  which  you  will  observe  that  the  Canadian  Government  Jiave  cau- 
tioned persons  engaged  in  sealing  expeditions  in  Behring  Sea  against 
using  force  in  the  event  of  their  being  interfered  with  by  our  officers. 
I  have  etc., 

Henry  White. 


102 


SEAL    FI8HEUIES    IN    BERING    SEA. 


,  llnclomire  with  No.  707.) 

HEAL  FIHIIKKT  IN  IIKIIKINO  »,iA, 
[Extract  front  The  Times,  Tiiumlaj',  Juue  5,  1H88.1 

In  answer  to  Mr.  Gonrloy,  Sir  J.  I'Vr^iiHHon  miid  :  I  uiu  informed  tliat  thn  govern- 
ment of  tlin  Dominion  liavo  cantionod  porNonn  fn^a^rod  in  noalini;  t^xpuditionH  in  the 
Behriny  Hc'u  fioni  iiHiiifi  force  in  tliot«v»'nt  i)f  tlusir  Imiiij,'  intorforod  with  l»y  tliolJnit«>d 
StatcH  ollici'rH.  Th«^  (pieHtionH  involved  am  th«  snhji'ct  of  consideration  l>y  tho  Gov- 
ernmentN  of  Hor  MujcHty  and  thu  United  KtatcH  and  it  wonhl  not  bo  uonvonient  or 
usnal  to  prcHeat  the  corrCNiioiideiice  liefore  it  is  concludeil. 

In  answer  to  a  fnrlLer  qiu'stion  from  Mr.  (loniley,  Sir  J.  Fcr^nHHon  said  that  the 
corrcMjiondence  l)etw«'en  Her  Majesty'H  (Jon  eminent  unil  the  (Government  of  tho  United 
StatuN  waH  liein);  condncted  dipiomatically  and  in  u  friendly  manner,  and  ho  depre- 
cated any  discnHHion  upon  the  matter  at  present. 


No.  87. 


No.  780.] 


Mr.  White  to  Mr.  Bayard. 

Legation  of  the  United  States, 

London,  June  liO,  1888.     (lle(!eive(l  June  ;iO.) 


Sir:  I  have  the  honor  to  infonnyou  tliat  1  availed  myself  of  an  early 
opportunity  to  ae(]uaiut  the  Marquis  of  {Salisbury  and  the  Kussian  am- 
bassador of  the  recieipt  of  your  instructioiiis  numbered  804,  of  May  3, 
and  shortl}' afterwards  (May  10)  1ms  excellency  and  1  called  together  at 
the  foreign  office  for  the  purpose  of  discussing  with  his  lordship  the  terms 
of  the  proposed  convention  for  the  pjotection  of  seals  in  liehring  Sea. 
Unfortunately  jord  Salisbury  had  just  received  a  communication  from 
the  Canadian  government  8tatir;g  that  a  memorandum  on  the  subject 
would  shortly  be  forwarded  to  L(jndon,  and  expressing  a  hope  t)  it  pend- 
ing the  arrival  of  that  document  no  further  8tej)s  would  be  taken  in  the 
matter  by  Her  Majesty's  Government.  Under  these  circumstances  Lord 
Salisbury  felt  bound  to  await  the  Canadian  memorandum  before  pro- 
ceeding to  draught  the  convention. 

I  have  inquired  several  times  whether  this  communication  from  Can- 
ada had  been  received,  but  it  has  not  yet  come  to  hand.  I  was  informed 
to  day  by  Lord  Salisbury  that  an  urgent  telegram  had  been  sent  to 
Canada  a  week  ago  with  respect  to  the  delay  in  its  expedition,  and  that 
a  reply  had  been  received  by  the  secretary  of  state  for  the  colonies 
stating  that  the  matter  would  be  taken  up  immediately.  I  hope, 
therefore,  that  shortly  after  Mr.  Phelps'  return  this  Government  will 
be  in  a  condition  to  agree  upon  the  terms  of  the  proposed  convention. 

I  have  the  honor  to  inclose  for  your  information  the  copy  of  a  ques- 
tion asked  by  Mr.  Gourley  and  pnswered  by  Sir  James  Fergusson  in 
behalf  of  the  British  Government  with  respect  to  the  seal  fishing  in 
Behring  Sea. 

I  have,  etc., 

Henry  White. 


8KAL    FISHERIEH    IN    BEKINQ    SEA. 


103 


[IiK'loMun'  in  No.  786.) 

8KAL    KISIIIN(i    IN    IIKilltlNC    SKA. 

(Kxtract  from  The  TlmuH,  Tuutiility,  Juuu  10,  1888.] 

Mr,  0<mrl*>  nakoil  tho  iiiHli'i-Nccrctiiry  of  Mtiitti  for  lorci;;!!  allMrs  wliollior  it  whm 
truo  that  tli»»  Uiiitt'd  .StatCH  GovcniUH'iit  luul  (dliciiilly  aniiininctMl  tli«  <l('iiailuni  of 
the  war  Nliip  dolphin  and  tliri'»)  otlit'r  ariMi'<l  v»'hh(1.s  to  llii"  Hdirin;;  St-a,  witli  iiisMiic- 
tioiiH  to  Hoizo  IJiitish  or  ollmr  vcsscIh  fiiy;aj;(Ml  in  Nt'al  llnliinj;  in  tiio.so  watt>rH; 
wliotiior  Ui'v  MaJi'Mtj'H  (jJovtirnnmnt  liud  mMit  a  war  .sliip  to  warn  nni.stt'is  of  Uritish 
Hoalinj;  vt!H.st'is  of  tin-  conHt'tiiuMU'i'H  o'.'  infrinj^inx  tln^  Aiasi<an  laww  ;  and  wlietlu-r  anv 
of  tiio  vi^hwoIn  H»'iz(«l  for  alifjjjcd  iJh'^jal  li.sliin;;  in  ISH);  mid  1-<H7  had  hron,  aH  iiroini.sed, 
roloaNed. 

Sir  J.  Fkikuj.sson.  In  bo  far  as  Hor  Ma.ji'Ht.v'H  (Jovormncnt  aro  awaroiio  Huch  an- 
iioiinceincni  haH  bunii  niad*^  by  tiir  I'nili-d  Stales  (iovi^rnnnwit,  nor  has  any  Hritinh 
Hhijt  of  war  bt^cn  ordered  to  Htdirin;;  Sea.  Order.s  iiave  lieeii  j{iven  by  tht>  Tnitod 
StatoH  OovernintMit  tliat  the  tliree  Hrilish  veM.sels  seized  in  If^-^tl,  with  their  tacklo, 
appand,  and  furniture,  Hlionid  be  renlored  lo  thi-ir  owners.  'J'lie  vessels  in  question 
were  the  Onward,  Caroline,  and  Thornlou.  As  re;;ards  the  seizures  in  1HM7,  we  have 
not  heard  that  any  of  them  have  been  released,  but  i)rocet'diu).fH  in  connectiou  with 
all  tlio  Hcizurus  aro  before  the  Ainttriean  law  courts. 


No.  88. 


■^        No.  948. J 


Mr.  Bayard  to  Mr.  Phelps. 

Department  oi'  Statr, 

Wasliitujloii,  Auftunt  ^,  ISSS. 

Sib:  I  inclose  Herewith,  for  your  iiifortuatioii,  a  copy  of  a  recent  dis- 
patch* from  Air.  Ilubbard,  our  minister  at  Tokio,  rtlative  to  the  re- 
cent a(tir>uof  the  Japanese  Government  in  requesting  United  States 
consuls  in  Japan  to  retrain  from  shipping  Jap  inese  subjects  on  otter- 
hunting  vessels ;  and  giving  an  account  of  the  attack  at  Copper  Island 
on  the  British  schooner  Nemo. 
I  am,  etc., 

T.  F.  Bayard. 


No.  89. 


Mr.  Rives  to  Mr.  Phelps.i 

No.  982.]  Department  of  State, 

Washington,  October  23,  1888. 

Sir:  I  inclose  herewith,  for  your  information,  a  copy  of  a  dispatch  to 
this  Department  from  Mr.  Stevens,  our  consul  at  Victoria,  British 
Columbia,  relative  to  the  fur-seal  industry,  giving  an  account  of  the 
business  for  the  season  which  has  just  closed. 
I  am,  etc., 

G.  L.  Rives, 

Acting  Secretary. 

•  See  infra,  No,  98. 

t  Identic  instructions  were  sent  to  U.  S.  minister  to  Russia. 


104 


SEAL    FISHERIES   IN    BERING    SEA. 


[Inclosure  with  No.  982.] 
Mr.  Stevens  to  Mr.  Rives. 

No.  374.]  Consulate  ok  thk  Unitkd  States  o^  America, 

Victoria,  British  Columbia,  October  8,  1888.     (Received  October  19.) 

Sin:  Witliiii  the  last  week  all  but  one  of  the  Victoria  Healing  tleet  of  fifteen  vessels 
have  arrived  in  port,  having  completed  the  seawon's  cruise. 

No  unusual  incident  is  nien-'oned  save  the  seizure  of  the  Jra«Ma/t.  belonging  to 
Hall  &  Goepel,  of  this  city,  off  Copper  Island,  July  I  last,  by  the  Alexander  II,  be- 
longing to  the  Alaska  Commercial  Company  and  Hoating  the  Russiap.  Hag,  as  stated 
by  the  public  press  in  reporting  the  seizure.  Messrs.  Hall  &  Goepel  have  giveu  me 
Captain  Sieward's  statement,  vi.r : 

"That  the  Araunah  was  seized  on  the  1st  of  July,  6  or  8  miles  from  the  shore 
of  the  southern  extremity  of  Co|)per  Island,  by  the  Alaska  Commercial  Company's 
BteBLmer  Alexander  II,  floating  a  Russian  flag  (not  the  national  (lag  of  Russia,  hut  a 
Russian  flag  of  some  kind — possibly  a  revenue  flag).  The  Russian  Inspector-General 
of  the  islands  was  on  board  the  steamer  at  the  time  of  seizure.  The  ground  of 
seizure  givei.  wiis  that  Russia  claims  the  sovereignty  of  the  Behring  Sea,  and  the  in- 
spector stated  that  he  would  have  seized  the  vessel  had  she  been  even  100  miles  fur- 
ther south.  The  Araunah  was  first  taken  to  Vladivontock  and  then  to  Petropaul- 
ovski,  where  the  Indian  hunters  were  paid  for  their  canoes,  and  at  which  port  the 
Araunah  now  lies.  Thence  the  crew  were  shipped  by  the  Russian  Government  in  a 
vessel  to  Nagasaki,  where  the  captain  noted  protest.  The  British  Board  of  Trade 
there  forwarded  them  to  Yokohama,  to  be  taken  by  the  steam-ship  lintavia  to  Van- 
couver. 

Apropos  of  this,  on  the  Itith  July  last,  a  boat's  crew  from  the  Nemo,  of  Yokohama, 
was  fired  into  from  the  shore  ott'  Atton  Island  by  the  Aleuts,  the  captain  killed  and 
two  men  wounded.  This  jiress  print  was  attested  as  true  by  Mr.  Gray,  of  Yokohama, 
yesteiday. 

The  total  catch  of  the  Victorian  ncalers  Mr.  Lubbe  gives  at  14,897  seal  and  152 
otter  skins ;  for  the  last  season  (1887)  30,'-i00,  including  about  l'2,000  seized.  Only 
five  American  scalers  have  reported  hero  this  season.  They  have  had  the  same  luck 
as  the  Victorians.  There  has  been  an  unusual  i)eriod  of  heavy  weather  and  fog  at 
the  north.  Seal  skins  are  worth  $().ti.5;  otter  $1U.'). 
I  am,  etc., 

RoBT.  J.  Stevrns, 

Consul. 


Ko.  90. 


r 


The  ichales  in  Hudson  Bay. 


An  Ottawa  letter  to  the  Boston  Herald  says : 

The  Dominion  Government  is  now  considering  the  possibility  of  acting  on  the  sug- 
gestion of  Commander  Gordon,  in  charge  of  the  fishery  protective  service,  and  who 
has  made  several  voyages  to  Hudson  Bay  to  close  the  whale  fisheries  of  Hudson  Bay 
and  Straits  for  a  time,  in  view  of  the  rapid  depletion  of  this  itidustry  which  has  be- 
come apjtarent.  The  industry  has  almost  entirely  been  carried  on  by  New  England 
whalers,  and  he  sugg»!sts  that,  if  they  be  allowed  to  continue,  a  heavy  license  for  the 
privilege  shonld  be  exacted.  The  New  England  whalers,  it  is  reported,  attack  their 
prey  with  h.arj)oons,  explosive  bombs,  and  lancca,  tired  from  large  swivel  guns  carried 
ou  steam-launches,  instead  of  the  old-fashioned  weapons  thrown  by  hand  from  row- 
boats. 

In  giving  his  evidence,  when  this  subject  was  brotight  up  before  a  committee  of  the 
Senate  this  spring,  Dr.  Bell,  of  the  Goverinnent  geological  staff,  said  that  against 
such  ap])liances  as  are  now  used  by  the  New  England  whalers  the  whale  has  no 
chance  to  escape.  It  makes  the  cajtture  nmch  more  certain,  as  the  whalers  can  de- 
stroy life  at  once  with  the  bomb  and  secure  the  animal.  Thirty  years  ago  the  larger 
whales  were  (jnite  common  in  the  Gulf  of  St.  Lawrence,  but  were  driven  north  by  the 
large  fleet  of  New  Englaml  vessels  engage<l  in  the  trade.  They  are  now  rarely  seen 
oft'  the  Newfoundland  coast,  or  even  in  Hudson  Straits,  where  .at  one  time  they 
abounded  in  great  numbers.     The  tise  of  fire-arms,  which  led  to  the  complete  extir- 

Sation  of  the  bufl'alo,  is  now  at  work  in  the  whale  fishery,  and,  according  to  Dr. 
ell's  evidence,  it  is  only  a  question  of  time  when  some  of  the  species  will  become 


SEAL    FISHERIES    IN    BERING    SEA. 


105 


r 


totally  extinct.     On  beiiijr  asked  to  sujjck*'''^  some  ineaiiH  by  which  the  extermination 
of  the  whales  niij^ht  be  jnevented,  Dr.  Bell  s.iid: 

"  I  think  chargiiijj  a  high  license  to  permit  wliaiiiig — either  charge  it  on  the  num- 
ber of  whales  killed,  the  (|naiitity  of  oil  ol)taiiied,  or  so  much  a  vessel — would  de- 
crease it.  The  Russian  Government,  I  nnderstaini,  claim  jurisdiction  over  the  whale 
fisheries  of  the  White  Sea,  which  is  quite  open  as  compared  with  Hudson  Hay,  Boothia 
Bay,  and  many  of  our  large  bays.  They  <diarge  something  like  £'M0  a  season  for  a 
permit  for  a  vessel  to  kill  whales,  and  if  the  whalers  do  not  ])ay  it  they  are  driven  out 
of  those  waters.  Now,  if  the  Russian  (Jovernment  can  claim  control  over  the  whale 
fisheries  of  the  White  Sea,- surely  we  can  control  Hudson  Bay  and  Boothia  Bay;  and 
if  the  Americans  can  capture  our  sealers  in  Behring  Sea,  surely  we  can  capture  Amer- 
ican whalers  found  in  Hudson  Bay  and  Boothia  Bay." 


JAPAN. 

No.  91. 


Mr.  Hubbard  to  Mr.  Bayard. 

No.  387.]  United  States  Legation, 

ToMo,  Japan,  September  28,  1887.     (Ke<;eive(l  October  24.) 

Sir:  I  have  the  honor  to  inform  the  Department  of  State  that  I  have 
submittetl  to  the  Japanese  minister  for  foreign  affairs  the  substance  of 
your  instruction  No.  153,  in  relation  to  talvinj^  steps  for  the  better  pro- 
tection of  the  fur  seal  fisheries  in  Behrinj;  Sea  by  international  coop- 
ersition,  waiving;  all  exceptional  measures  and  exceptional  marine  juris- 
diction that  might  be  proi)erly  claimed  for  that  end  by  the  United  States. 
In  invoking  the  early  and  earnest  consideration  of  the  propositions  of 
your  instruction  for  the  reasons  given,  and  which  are  alike  of  practical 
commercial  interest  to  Japan  as  well  as  to  the  other  friendly  powers  des- 
ignated as  having  been  invited  to  enter  into  a  similar  arrangement  with 
our  Government,  I  have  requested  Count  Ito  to  name  at  his  pleasure  some 
time  in  the  future  when  we  may  discuss  informally  the  reasons  for  and 
the  terms  and  conditions  of  such  arrangement  for  the  protection  of  the 
seal-fur  fisheries  in  Behring  Sea  as  will  safe  guard  that  large  marine 
interest  against  the  lawless  and  indiscriminate  slaughter  of  this  animal, 
contributing  so  much  to  the  wealth  ajid  general  welfare  of  mankind. 
Due  report  will  be  made  to  tin  Department  of  State  as  the  negotiations 
progress,  which  I  hope  and  expect  will  be  concluded  favorably  to  all 
concerned. 

1  have,  etc., 

KiCHARD  H.  Hubbard. 


No.  92. 


Mr.  Htibbard  to  Mr.  Bayard. 

[Telegram.] 

Legation  of  the  United  States, 
Tokio,  September  29,  1887.     (Received  September  29.) 

Mr.  Hubbard  acknowledges  the  receipt  of  Mr.  Bayard's  instruction 
No.  153,  of  August  19,  1887,  and  requests,  at  the  instance  of  the  Japan- 
ese Government,  (!opies  of  the  Treasury  regulations  and  contracts  con- 
cerning the  seal  fisheries,  and  also  a  more  dettnite  statement  as  to  the 
nature  of  the  protection  which  it  is  desired  to  extend  to  those  tisheries. 


mmtmmmmmKtm 


106 


SEAL   FISHERIES    IN    BERING    SEA. 


No.  93. 
Mr.  Hubbard  to  Mr.  Bayard. 

[Extract.] 

No.  388.]  United  States  Legation, 

ToMo,  Japan,  September  29,  1887.    (Received  October  24.) 

Sib  :  Referring  to  your  instruction  No.  153  1  have  alreadj'  had  the 
houor  to  iuforni  the  Department  of  State  that  I  would  seek  a  persoual 
official  coufcrence  with  the  minister  for  foreign  affairs  on  the  subject  of 
the  international  protection  of  the  fur  seal  fisheries  in  Behring  Sea. 

The  Japanese  Government  is  anxious  to  enter  into  an  arrangement 
or  convention  with  the  United  States  Government,  invoking  similar 
arrangement  or  convention  with  our  Government  for  the  i)rotectiou  of 
the  fur-seal  fisheries  in  the  waters  of  their  northern  islands. 

I  expressly  called  attention  to  the  waiver  for  this  i)urpose,  as  ex- 
pressed in  your  instruction  No.  153,  and  in  my  dispatch  No.  387,  of  any 
legal  rights  under  former  conventions ;  that  my  Government  now  de- 
sired to  invite  this  co-operative  protection  of  friendly  powers  of  their 
fur-seal  fisheries  from  wanton  destruction  without  reference  to  said 
former  conventions.  Nevertheless,  the  Japanese  Government  requested 
as  an  especial  favor  that  I  would  cable  the  Department  of  State,  in  order 
to  save  time,  for  certain  documents  mentiouv^d  in  the  subjoined  cable- 
gram, and  for  such  specifications  of  said  desired  arrangement  or  con- 
vention as  will  be  satisfactory  and  meet  the  wi.^hes  of  my  Government 
in  that  regard,  and  which  might  be  reciprocally  invoked  for  the  pro- 
tection of  their  own  fur-seal  fisheries. 
I  have,  etc., 

Richard  B.  Hubbard. 


No.  94. 


Mr.  Bayard  to  Mr.  Hubbard. 


No.  156.] 


^7. 


Department  of  State, 

WasMngton,  September  30,  188^ 

Sir  :  The  Department  is  glad  to  infer  from  your  telegram  of  the  29th 
instant  that  the  Government  of  Japan  has  favorably  received  the  prop- 
osition of  the  United  States  to  negotiate  for  the  protection  of  the  seal 
fisLeries  in  Behring  Sea. 

A  memorandum  on  the  subject  is  now  being  prepared  in  refereme  to 
my  suggestions  and  will  be  transmitted  as  soon  as  it  is  completed. 
I  am,  etc.. 

T.  F.  Bayard. 


No.  95. 

Mr.  Hubbard  to  Mr.  Bayard. 

No.  393.]  United  States  Legation, 

Tokio,  Japan,  October  10,  1887.    (Received  November  2.) 
Sir  :  I  have  the  honor  herewith  to  inclose  for  the  information  of  the 
Department  of  State,  copies,  respectively,  of  my  note  to  Count  Ito,  and 
bis  reply  thereto,  relating  to  the  fur-eeal  fisheries  in  Behring  Sea. 


SEAL   FISHERIES    IN   BERING    SEA. 


i07 


I  am  requested  to  call  the  attention  of  my  Government  respectfully 
and  especially  to  the  proposeil  reciprocal  protecticn  of  the  sea  otter,  and 
to  enlarge  the  protected  zone  so  as  to  embrace  the  known  habitat  of 
that  animal. 

1  took  occasion  to  say  unofficially  to  Count  Ito  ihat  I  had  no  hesita- 
tion in  giving  him  the  hoi)efnl  assurance  that  my  Government  would 
co-oi)erate  with  his  excelk'iicy's  Government  in  the  proposal  to  include 
sea-otter  as  well  as  fur  seal  in  any  reasonable  arrangement  which  would 
prevent  unregulated  and  indiscriminate  slaughter  of  this  valuable  ani- 
mal in  the  waters  of  Behring  Sea  as  well  as  on  the  coasts  of  Japan  and 
in  their  conterminous  waters.  1  shall  luive  the  honor  to  await,  in  def- 
erence to  Count  Ito's  expressed  request,  your  insLructions  in  response 
to  the  respectful  proposition  of  the  Japanese  Government  before  enter- 
ing upon  any  formal  negotiations  on  this  subject.  On  receipt  of  this 
dispatch  by  the  Department  of  State,  1  have  the  honor  to  suggest  that 
if  the  repl>  to  my  cablegram  of  the  29th  ultimo  has  been  mailed  to  this 
legation  by  the  Department,  that  in  that  end  a  brief  telegram  signify- 
ing your  willingness  to  include  the  sea-otter  in  the  said  negotiations 
would  advance  the  negotiations  and  gratify  this  Government  as  well, 
who  manifests  a  deep  intei'est  in  securing  an  early  arrangement  by  our 
respective  governments  for  the  better  protection  of  the  fur-seal  and  sea- 
otter  fisheries  in  American  and  Japanese  waters. 
I  have,  etc., 

Richard  B.  Hubbard. 


[luclosuro  1  in  No.  393.] 

Mr.  Hubbard  to  Count  Ito  Hirobiimi, 

United  Statks  Legation, 

Tokio,  October  G,  1887. 
Sir  :  I  have  the  honor  herewith  to  forward  to  your  excellency,  and  to  beg  yonr  early 
and  favorable  consideration  of,  a  copy  of  an  instruction  which  1  have  had  the  honor 
to  receive  from  the  Department  of  State  of  my  Governinent. 

The  general  proposition  respectfully  submitted  in  this  instruction  by  my  Govern- 
ment, as  well  as  the  obvious  and  convincrug  reasons  there  set  forth  in  favor  of  its 
adoption  by  the  friendly  powers  named  therein,  will,  I  am  sure,  receive  from  your  ex- 
cellency's Goverjpraent  the  same  earnest  consideration  as  they  have  received  from  the 
United  States. 

As  already  indicated  nnofflcially  to  the  foreign  office,  I  shall,  in  furtherance  of  the 
wishes  and  instructions  of  my  Government,  be  gratified  and  obliged  if  your  excellency 
will  formally  appoint  any  future  time  and  place  when  and  where  I  may  have  the 
honor  to  confer  and  discuss  with  your  excellency,  or  any  other  representative  of  His 
Imperial  Majesty's  Government,  the  subject  of  an  arrangement  or  special  convention 
between  the  Uuited  States  of  America  and  the  pjinpire  of  Japan  having  reference  to 
the  better  proteGtion  of  the  fur-seal  fisheries  in  Behring  Sea. 
I  avail,  etc., 

Richard  B.  Hubuard. 


ilncloRure     in  No.  393.— TranHlation.] 
Count  Ito  Hirobumi  to  Mr.  Hubbard. 


No.  8584].  Department  for  Foreign  AFFAins, 

Tokio,  October  8,  1887. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  oxcellenty's  note  of  the 
6th  instant,  in  which  you  are  pleased  to  inclose  the  copy  of  a  conmiunication  from 
the  honorable  the  Secretary  of  State  in  reference  to  the  seal  fisheries  in  Behring  Sea. 
and,  in  pursuance  of  instructions  contained  in  that  dispatch,  invite  His  Imperial 
Majesty's  Government  to  enter  into  an  arrangement  with  the  Government  of  the 


■s» 


108 


SEAL    FISHERIES   IN    BERING    SEA. 


United  States  havlnji;  for   its  object  the  protection  of  fur  seals  in  BebringSea  from 
indiscriminate  destruction  and  consequent  exterininatiun. 

The  unregulated  and  indlscriruinato  slaughter  of  the  sea-otter  as  well  as  the  fur 
seal  on  the  coasts  of  Japan  and  in  their  conterminous  waters  is  a  subject  which  has 
for  many  years  eugagtMl  the  serious  attention  of  the  Imperial  Governuu^nt. 

The  experience  of  His  Imperial  Majesty's  Government  justifi<is  the  l)elief  that  the 
end  sought  to  be  obtained  can  be  best  secured  by  means  of  a  co-ojjerative  interna- 
tional action,  and  they  therefore  cordially  approveof  the  suggestion  of  the  honorable 
the  Secretary  of  State. 

His  Im])erial  Majesty's  Government  would  be  willing  to  enter  into  an  arrangement 
for  the  purpose  indicated,  but  they  would  wish,  for  the  reasons  assigned  by  Mr. 
Bayard  in  favor  of  the  protection  of  the  fur  seal  in  Hehring  Sea,  to  extend  the  principle 
of  protection  to  the  sea-otter  as  well  as  the  fur  seal,  and  to  enlarge  the  protected 
zone  so  as  to  embrace  the  known  habitat  of  that  animal. 

I  beg  that  you  will  bring  this  proposal  to  the  attention  of  the  Government  of  the 
United  States,  and  I  would  suggest  that  this  be  done  in  advance  of  any  negotiationaon 
the  subject. 

I  avail  myself,  etc. 

Count  Ito  Hirobumi. 


No.  9G. 


Mr.  Bayard  to  Mr.  Hubbard. 


No.  171.] 


Department  of  State, 
\yasliinfjton,  November  21,  1887. 

Sir  :  1  iiave  to  acknowledge  the  receipt  of  yoitr  disi)atches  Nos.  388 
and  39.3,  dated,  respectively,  Sei)teniber  20  and  October  10,  and  in  reply 
to  express  the  satisfaction  of  this  l)ei)artmentat  the  favorable  response 
of  the  Japanese  Government  to  negotiate  for  the  protection  of  the  seal 
fisheries  in  Behring  Sea. 

The  Department  hopes  to  be  able,  at  an  early  day,  to  instruct  you 
further  on  the  subject.  At  present,  o^"  ing  doubtless  to  the  shoitness 
of  the  time,  few  replies  have  been  received  from  foreign  governments  to 
the  circular  invitation  of  the  United  States  in  this  regard.  And  it  is 
thought  desirable  to  await  for  a  time  further  responses,  which  might 
affect  the  course  of  the  negotiations. 


1  am,  etc.. 


T,  F.  Bayard. 


No.  97. 


Mr.  Hubbard  to  Mr.  Bayard. 

No.  483.]  United  States  Legation, 

ToJ{io,  Japan,  Jvnc  23,  1888.  (Received  July  16.) 
Sir  :  llespectfully  referring  to  the  correspondence  between  the  De- 
partment of  State  and  this  legation,  looking  to  the  conclusion  of  a  con- 
vention between  Japan  and  the  United  States  and  some  other  powers 
for  the  i)rotection  of  the  fur-seal  fisheries  in  Behring  Sea,  and  tlie  pro- 
tection of  the  sea  otter,  as  subsequently  suggested  by  Japan,  1  have 
the  honor  to  inform  the  Department  that  instruction  No.  171,  of  Novem- 
ber 21,  1887,  which  1ms  heretofore  been  acknowledged,  is  the  last  that 
has  been  received  by  me  from  the  Department  on  this  subject. 


SEAL    FISHERIES    IN    BERING    SEA. 


109 


I  desire  to  inform  the  Department  that  the  Japanese  foreign  office  lias 
in  a  friendly  spirit  of  in«inir.v  asked  if  1  could  furnish  information  as  to 
when  njy  Government  would  be  ready  (as  Japan  had  been  ready  for 
some  time  past)  to  resume  the  consideration  of  the  j)roposed  convention. 

I  have,  in  reifponse  to  this  inquiry,  forwarded  to  the  foreign  office  a 
copy  of  your  said  instruction  No.  171,  tlatetl  November  21, 1887,  with  the 
accompanying  note,  dated  June  20, transmitting  the  same.  The  Jai)an- 
ese  minister  for  foreign  atlairs  iiasbeen  rectMitly  advised  by  the  Russian 
minister  to  .lapan  that  the  United  States  (loveninient  and  thovse  of 
Russia  and  Great  Britain  had  dif  cussed,  at  London,  the  matter  of  a  sim- 
ilar convention  for  the  i)rotecti<)n  of  the  fur-seal  fisliei'ies  and  sea-otter 
in  Behrmg  Sea.  lie  also(U)mniuni('ated  the  fact  that  the  Governmentat 
St.  Petersburg  desired  to  eoiieiude  with  Japan  a  convention  for  tin*  mut- 
ual i)rotection  of  the  seal  and  otter  within  theiiown  seas  and  contigu- 
ous waters. 

This  fact  has  been  the  immediate  cause  of  the  inquiry  subujitted  to 
me,  to  which  the  inclosure  herewith  is  in  resjjoiise. 
1  have,  etc., 

KicHAKU  B.  Hubbard. 


[Inclosure  in  Ko.  483.] 
Mr,  liuhbard  to  Count  Okiima. 


No.  284.1 


I'MTKI)    STATKS    LkOATION, 

Toldo,Jiiiie-M,  1888. 

Sir:  Kcfcrrinfj  to  my  not*'  to  liis  cxcllt'iicy  Coirit  llo,  dfitftl  October  (i,  1>87,  iind 
his  reply  tlwrcto  dated  NovciiilxM'  8,  l!^*7,  (•oiici'niin;;-  a  proiioNi'd  ;irraii;^ciin'iit  wliich 
tho  Uiiitt'd  States  invited  Ja))aii  to  enter  into  wit  li  tlie  I'nited  (Stales  and  eeriaiii  otlu!r 
powers,  foi-  tlie  iiroteetiiin  oft  lie  lin'se.als  in  iieliriiij;  Se;i  IVoin  iiidiscriniinale  destruc- 
tion and  eonsetiiient  exlerininat  ion,  1  liave  now  t  lie  Iioiu'I-  lo  inclose  an  Inst  met  ion*  from 
my  Govorumeiit  in  resp(nise  to  my  disiiateli  to  I'le  lionoral)le  tlie  .Se<'reiary  of  State, 
informin;;'  him  of  Japan's  willinjiiiess  to  enter  siieii  an  ;irranj;emHnt. 

It  will  lie  observed  by  your  excellency  tlial  my  (iovenuiient  is  ii waitinj;' tlie  r(!|»lio!* 
of  soTne  other  foreign  j;overnnit'nts  to  the  invitation  of  the  United  States  locnier  into 
8iich  a  convention. 

I  have  not  comnninicated  with  jonr  excellency's  department  since  my  note  of  the 
0th  of  October,  on  account  of  awtiitinji'  ttuihcr  instructions  from  my  (jovernnicnt  in 
tho  premises,  to  jivliicdi  the  instruction  lieiewith  inclosed  especially  refers.  The  sub- 
stance of  the  inclosed  instruction  has  not  been  lierctofore  cuinmniiicalcd  to  your  ex- 
celleiicy'M  Governuient,hoi)iii<;that  1  nii<;ht,as  indicated,  ere  now  have  been  furnished 
with  linal  instrtictiouH  to  conclude  a  <!<mvcntion  between  our  respective  ij;overiiinentH, 
euibraciny  all  the  jioints  of  discussion  on  which  a  commoii  and  friendly  eonciirrcnco 
and  understandiiifi  had  been  reached  anil  ol  which  my  Government  was  advised  in 
my  uispateh<!8  to  which  the  inclosed  instruction  is  in  response. 
1  avtail  myself,  etc., 

KlCHAHD   13.    HUHUAUD. 


No.  98. 

Mr.  Hubbard  to  Mr.  Bayard. 

No.  491.]  United  States  Legation, 

ToMo,  Japan,  July  13,  1888.     (Keceived  August  8.) 

Sir  :  I  have  the  honor  to  inclose  herewith  a  copy  of  a  note  from  the 
Japanese  minister  for  foreign  all'airs  dated  July  7,  in  which  1  am  re- 
quested to  instruct  the  United  States  consuls  in  Japan  not  to  ship  Japan- 

*  See  supra,  No.  96. 


no 


SEAL    FISHERIES    IN    BERING    SEA. 


ese  subjects  on  board  American  vessels  engaged  or  about  to  engage  in 
otter  or  seal  hunting. 

The  reasons  for  such  a  request  are  set  forth  in  the  minister's  note. 

In  conii)liance  with  Count  Oknma's  request,  1  have  instructed  the 
United  States  consul-general  at  Kanagawa,  and  through  liim  the  other 
consular  representatives  of  the  United  States  in  Jai)an,  to  refrain  from 
shi[)i)ing  any  Japanese  subjects  on  any  American  otter  or  seal  hunting 
vessels. 

I  have  the  honor  to  inclose  a  copy  of  n)y  communication  to  the  United 
States  consul-general  on  the  subject,  and  hope  that  my  action  in  the 
])remises  will  meet  the  approval  of  the  Department  of  State. 

In  order  that  the  Department  may  more  fully  understand  the  imme- 
diate causes  which  have  led  the  Japanese  Government  to  take  the 
course  indicated  in  regard  to  the  shipment  of  Japanese  subjects  on  otter 
and  seal  hunting  vessels,  I  beg  to  submit  a  brief  account  of  the  attack 
on  the  British  schooner  Nemo,  to  which  Count  Okuma  refers  : 

The  Nemo  is  a  sithooner  of  150  tons,  owned  antl  commaiuled  by  one 
Snow,  a  British  resident  of  Yokohama,  and  was  manned  by  Japanese 
sailors.    The  schooner  is  what  is  known  as  an  "otter  and  seal  hunter." 

On  tlie  27th  of  May  last,  while  the  schooner  was  en  route  to  the 
hunting  grounds,  it  was,  according  to  the  commander's  statement,  be- 
calmed off  Copper  Island  (Russian  territory).  Early  on  the  ujorning  of 
May  27,  while  the  schooner  was  still  becalmed,  the  commander  put  oft 
in  a  boat  with  a  crew  of  six  Japanese  sailors,  accompanied  or  followed 
by  two  other  boats  of  Japanese  sailors.  The  commander  of  the  Nemo 
was  the  only  foreigner  in  the  boats.  When  about  200  yards  from  shore, 
and  after  the  commander  of  the  Ne^no  had  discharged  his  rifle  at  one  or 
more  otters,  his  boat  was  fired  upon  by  an  unknown  number  of  men 
concealed  behind  the  rocks  or  a  bluft'  of  the  shore,  and  using,  as  the 
commander  of  the  Nemo  supposes,  Winchester  rifles. 

The  tiring  was  kept  up  with  great  rapidity,  and  all  of  the  men  in  the 
boat,  including  the  commander,  being  wounded,  it  was  with  great  diffi- 
culty that  the  boat  was  gotten  out  of  reach  of  the  firing,  the  commander 
and  one  sailor  being  the  only  occupants  of  the  boat  who  were  able  to 
propel  it,  and  being  both  wounded,  the  craft  moved  very  slowly. 

When  the  commaiuler's  boat  got  out  of  range  ol  the  firing  (the  second 
boat  had  one  man  wounded,  but  the  third  had  not  approached  within 
range  of  the  firing),  it  was  ascertained  that  one  of  the  Japanese  had 
been  killed  outright,  and  two  others  afterwards  died  on  the  Nemo  from 
the  wounds  then  received. 

The  commander  was  wounded  in  the  hand  and  in  the  thigh,  but  he 
and  the  other  Japanese  who  wen*  wounded  have,  1  understand,  al»out 
recovered. 

The  schooner  was  brought  to  Yokoha»na,  where  an  incpiiry  into  the 
aftair  was  hehl  by  the  British  consul,  who  found  that  the  attack  was 
unprovoke<l. 

I  have,  etc., 

KiCHABD  B.  Hubbard. 


[lucloBure  1  in  No. 491.— Trnnslatioii.) 
Count  Okuma  to  Mr,  Iluhhard. 

DKPAKTMKNT   FOK   FoKKIGN    AKI'AIHS. 

Tokio,  the  dlli  da;/,  tlicltb  mouth,  thi  '2lnt  mar  of  Miiji. 
.SiK  :  The  recent  attack  at  C<)i)iier  IhIuikI  iipini  the  British  sthoimor  AVmo  (with  the 
cireiinistaiiceH  and  re.snltH  of  wliicii  you  are  d.  nhtieMs  laniiliar).  eonplcd  with  tlie 
fact  that  the  nuliceused  takin{>  of  otter  and  neal  within  the  jiiriwdiction  of  His  Iiii- 


the 

the 
liffl- 
nder 
to 


SEAL        SHERIES    IN    BERING    SEA. 


Ill 


*i 


perial  Majesty  is  prohibited  by  law,  h-is  iinprossiMl  in)oii  tho  Imperial  Ooveriiiiiont 
the  iiecesMity  of  adoptiiiy;  more  ttt'eutiial  iiieaMnres  on  the  one  hand  to  protect  His 
Imperial  JapaiieHe  Majesty's  subjects  Iroiii  the  eoiiseciueneeH  of  acts  for  which  assea- 
nien  they  could  hardly  he  lu-ld  responsible,  and  on  the  other  to  put  a  stoji  to  an  un- 
lawful occupation. 

With  these  objects  in  view,  I  have  the  honor  to  request  that  you  will  instruct  the 
consuls  of  your  country  in  Japan  to  refrain,  until  ctlierwise  advised,  fiom  shipping 
Japanese  subjects  on  board  any  American  vessels  enj^a^ed  or  about  toenj^aj^e  in  otter 
or  seal  hunting. 
I  avail,,  etc., 

Count  Siugknobu  Okuma. 


Ilnclosure  2  in  No.  491.! 

Mr.  Hubbard  to  Mr.  (ircathonse, 

Unitkd  Statks  Lkoatton, 

Tokio,  J  It  J II  l->,  1888. 

Sir:  I  have  to  inclo.so  for  your  information  and  iibservanct^  and  t;uid.iii;'e  a  copy  of 
a  note  from  the  Jai)anese  unnister  foi-  foreij^n  affairs,  in  which  as  tln'  diplomatic 
representative  of  the  United  States,  I  am  re<|nested  to  instruct  consular  representa- 
tives of  th(i  United  St.ites  resident  in  the  Empire  to  refrain,  utitil  further  notice,  from 
shipping  Japanese  subjects  on  board  any  American  ves.sel  eng.igfd  or  aliout  to  en- 
gage in  otter  or  seal  hunting. 

This  action,  as  the  minister  for  foreign  affairs  states,  has  lieen  occasioned  by  the 
"necessity  of  adopting  more  effectual  measures  on  tlie  one  hand  to  protc^ct.  His  Im- 
perial Jai»an(!He  Majesty's  subjects  from  the  conseijuences  of  acts  for  which  as  sea- 
men they  could  hardly  be  held  responsible,  and  on  the  hand  to  put  a  stop  to  an  un- 
lawful occupation." 

In  view  of  the  fact  that  the  United  St.ites  CJovernment  re'ognizes  the  exclusive 
jurisdiction  of  all  governments  over  their  own  subjects,  and  in  view  of  the  extra- 
territorial jurisdiction  in  the  open  jjorts  of  Japan,  by  wliich  Japan  has  no  means  of 
enforcing  the  observance  of  its  laws  by  masters  of  American  vessels,  I  deemed  it 
proper,  under  the  comity  of  nations — a  comity  which  the  United  Stiites  has  shown  to 
Japan  in  cansing  the  observance  of  .lapanese  (|uarantine  regulations  anil  in  other 
instances — to  instruct  you  to  observe  the.  re<|Uest  of  the  Japanese  (jioverinnent  in  this 
particular;  and  you  will  therefore  refrain,  until  further  notice,  from  shipping  .Japa- 
nese subjects  on  board  any  American  vessel  engaged  or  about  to  engage  in  otter  or 
seal  hunting. 

You  are  further  instructed  to  forwjird  a  copy  of  this  commnnication,  together  with 
a  copy  of  the  note  from  the  minister  for  foreign  affairs,  to  each  of  the  United  States 
cousnls  at  Osaka  and  II logo  and  Nagasaki,  with  instructions  that  they  will  observe 
the  same. 

I  am,  etc., 

RiciiAHD  B.  HunnARD. 


No.  99. 


the 
was 


'7'- 

h  the 
the 
Im- 


Mr.  Hubbard  to  Mr.  Bayard. 

No.  492.]  United  States  Legation, 

TokiOy  Japan,  July  lo,  l.S.SS.     (Ueceived  August  8.) 

Sir:  Referring  to  the  correspondence  which  has  taken  place  between 
the  Department  of  State  and  this  legation  concerning  a  propo.scd  con- 
vention betw<  en  the  United  States  and  Ji'.pan  and  some  other  powers, 
looking  to  the  protection  of  the  fur-seal  tisheriesin  Hehring  Sea,  I  have 
the  honor  to  inclose  a  cojn-  of  a  note,  dated  July  9,  from  the  Jai>anese 
minister  of  foreign  attairs,  inquiring  as  to  the  nature  of  the  consulta- 
tion now  being  conducted  at  Lotnlon  on  this  subject,  with  a  view  of  in- 
structing the  Japanese  minister  at  London  to  take  part  in  said  couhuI- 
tation  i)rovided  it  has  assumed  the  nature  of  an  international  conference 


112 


SEAL    FISHERIES    IN    BERING    SEA. 


in  which  the  views  of  tlie  several  powers  iuterested  may  be  inter- 
changed. 

Tlie  note  from  Count  Oknma  and  my  reply  to  the  same,  also  herewith 
inclosed,  fully  explain  themselves,  ancl  are  forwarded  to  the  Dei)art- 
merit  with  the  view  of  eliciting  such  reply  as  may  be  desired  advisable 
in  the  premises. 

There  is  no  doubt  tiiat  the  Nemo  aftair,  to  which  I  had  the  honor  to 
refer  in  my  disi)at(!h  No.  4!)1  of  this  «late,  has  iiad  the  ellect  of  increas- 
ing Japan's  interest  in  the  proposed  convention  and  her  desire  to  see  it 
concluded  at  an  early  day. 
1  have,  etc., 

ItlCHARl)   IJ.    IIUKBARD. 


[liiclosurc  ]  in  No.  492 — TvanNlntioii.] 
'  Count  Okinna  io  Mr.  Huhhard. 

DlCPAHTMENT  FOK   FoUEKJN    Al'KAIRS, 

Tokio,  the  7th  day,  the  1th  month,  the  2l8t  year  of  Meiji. 

SlH  :  With  re  ft' re  n  (Ml  to  llie  ])roi»»»Nal  of  your  Goveniiiient  to  enter  into  a  jiroper  ar- 
rangement i'or  the  purpows  of  iireveiiting  V)y  internatioiiiil  er)-oi>eration  indiwcrinii- 
iiate  and  nnregnlated  destrnetion  of  lurMt'als  in  tlie  Behring  Sea,  the  viewH  of  the  Im- 
perial Government  liaving  hcen  eoinmniiieated  to  you,  y«nir  Government  intimated 
that  tliey  would  api)roaeii  the  .suhjtH't  ngain  u|»on  reeeipt  of  re.sjtonHes  from  the  pow- 
ers consulted,  and  eonse(iuently  the  Imperial  Government  have  heen  awaiting  further 
Gonimunication  from  your  Government. 

In  the  mean  time  it  has  rec-eiitly  been  reporttid  to  the  Imjierial  GovtM'nnient  that  the 
United  States  minister  at  London  is  holding  consultation  with  Her  Britisli  Majesty's 
princii>al  seci'etary  for  foreign  iitVairs  iind  tlio  diplotnatie  re))re,senlatives  of  some 
other  j)ower  or  jiowers  interested  in  n-spei^t  to  certain  matters  l»earing  upon  the  sub- 
ject. 

The  Im]»erial  (iovernment  are  not  awtireol  the  nature  ol  the  ([uestion  under  discus- 
sion. If,  lio\v{!ver,  the  negotiation  has  actually  assumed  the  charai:ter  of  an  interna- 
tional convention,  in  \\  liieh  the  views  of  the  several  powers  interested  may  he  fonnally 
interchanged,  the  Imperial  Government  would  <lesire  to  instruct  their  representative 
at  London  to  take  pfirt  i.i  such  negotiation, 

I  thereloie  beg  leave  to  )c(inest  that  you  will  be  so  good  as  to  ascertain  the  truth 
of  the  rejiort  and  to  communicate  to  me  the  result  of  your  inrjuiry. 
1  avail  myself,  etc., 

Count  Shigknobu  Okuma. 


I Tiiolosurc  2  in  No.  492.] 
Mr.  Huhhard  to  Count  Okuma. 


United  States  Lkgation, 

Tokio,  Juhj  12,  1888. 

SlK  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  excellency's  note  No.  25, 
of  the  7th  instant,  in  which,  referring  to  the  subject  of  the  proposed  arrangement  be- 
tween the  Governments  of  the  United  States  and  Japan  j'ud  some  other  powers,  look- 
ing to  the  protection  of  the  fur-seal  fisheries  in  Beliring  Sea,  your  excellency  informs 
me  that  ii.  has  been  reported  to  the  lmi)erial  Government  that  the  United  States  min- 
ister at  London  is  holding  consultation  with  Ht-r  British  Majesty's  principal  secre- 
tary for  foreign  affairs  and  the  diplomatic  representatives  of  some  other  powers  in- 
terested, in  respect  to  certain  matters  bearing  upon  the  subject.  Your  excellency 
further  states  that  if  the  negotiations  ha .  e  assumed  the  character  of  an  international 
conference,  in  which  the  views  of  the  several  powers  interested  may  be  formally  in- 
terchanged, the  Imperial  Government  would  desire  to  instruct  their  representative 
at  London  to  take  part  in  sucli  negotiations  ;  and  you  request  me  to  ascertain  the 
trnth  of  the  report  referred  to,  and  to  communicate  the  result  of  my  inquiry  to  your 
department. 

In  reply  I  have  the  honor  to  say  to  your  excellency  that  by  the  mail  leaving  for  the 
United   States  on  or  about  June  20  I  had  the  honor,  as  suggested  by  the  verbal  and 


SEAL    FISHKKIES    IN    BERING    SEA.  113 

iiiformnl  iiwiiiiry  "f  tlio  foroijj;!!  ollico,  t<»  addivss  a  disnatcli  to  tlio  lioiiorablt'  tlH»  Sec 
rotary  of  fStiite  of  my  (iovtMiimoiil,  riiiiicsiin;;  to  l«)  advised  of  tlio  iJrcHiMit  Htatim  of 
llio  lu'gotiations  of  tlie  i»ro[tos('il  coiiviMitioii ;  and  in  ]inrMnan(ii  of  tlic  snltjecl  I  will 
liy  tilt!  next  mail  It'avin^  for  tlni  Uiiitt'tl  Statcx  forward  a  cujiy  of  your  oxctdlency'M 
nott',  with  tlio  re(]iieat  tliat  my  (Jovcriiiin'ut  will  fiiriiinh  iin;  with  full  inforuiaf  ion  re- 
siioctin;?  the  proj^re.sH  of  tlut  iM'jfotiations. 

In  this  coiiiiectioii  I  bcj;  to  fsay  to  your  oxccllciicy  that  I  have  hoon  iiiforiiHul  iii- 
foriiially  and  iinollicially  hy  the  reiireaentativcs  at  Tokio  of  one  of  the  jiowers  inter- 
ested in  tli(<  said  nejiotiatioiis,  that  ho  was  in  receipt  of  information  to  the  etleet  that 
the  eonsultation  now  heiiij?  conducted  at  London  is  of  a  purely  jtndiminary  character. 

I  am  fully  jierHiiaded  that  the  consultation  to  which  your  exc<dleiicy  ref»'rs  is  of  tlu) 
same  nature  as  has  already  taken  place  between  the  United  States  minister  at  Tokio 
and  the  Japanese  forei^xn  ollice  ;  and  I  be^  to  repeat  to  your  excellency  what  1  have 
already  had  the  honor  to  assure  yonr  Deitartment  tni  previous  occasions,  that  ;v  final 
decision  will  not  be  reachtMl  in  this  niattcir  of  tlu*  proposed  convention  until  the  Im- 
perial (rovcrnnient  lias  been  fully  advised  and  has  had  ample  ojiportiinity  to  express 
its  views  in  the  premises. 
I  aval',  etc., 

Riciiahi)  B.  IIuuuaud. 


Xo.  100. 


.Vr.  tlayard  to  Mr,  Uuhhard. 


No.  223.] 


J)ErARTMENT    OF   STATE, 

Washington,  J  all/  18,  1888. 

Sir  :  1  have  receiv^ed  your  Xo.  483  of  the  23(1  ultimo,  .sayiujj  that  the 
.lapauese  minister  for  foreign  affairs  hail  informally  inquired  of  you 
hitely  concerning  the  proposed  convention  between  the  United  States 
and  Japan,  looking  to  the  protection  of  fur  seals  in  liehring  Sea,  which 
formed  the  subject  of  my  iustructiou  Xo.  171  of  Xovember  21, 1887. 

Xegotiation  with  Japan  in  reference  to  the  protection  of  the  seals  in 
Behring  Sea  has  been  delayed  by  the  unexjjected  ])rotraction  of  the  ne- 
gotiation with  Great  Biitain  and  Itussiti.  It  is  thought  desirable  that 
the  arrangement  between  these  countries  should  be  permitted  to  assume 
a  definite  and  settled  form  before  other  agreements  tire  formulated.  It 
is  hoped  that  the  matter  will  soon  be  in  such  shape  as  to  permit  the 
entrance  upon  formal  negotiations  w^ith  Japan. 

la  the  meati  time,  however,  the  question  might  be  informally  dis- 
»;ussed  with  the  Japanese  Government,  with  a  v4ew  to  ascertain  just 
what  is  desired  of  the  United  States  iu  regard  to  the  protection  of  the 
sea-otter. 

I  am,  etc., 

T.  r.  Bayard. 


Xo.  101. 
Mr.  Bayard  to  Mr.  Uuhhard. 

[Coiiftdeutinl.] 

Xo.  232.]  Department  of  State, 

Washington,  Axigust  9,  1888. 

Sir:  I  have  to  acknowledge  the  receipt  of  yoir.  Xo.  492,  of  the  13th 
•iltimo,  in  which  you  transmit  a  copy  of  a  note  from  Count  Oknma, 
minister  for  foreign  affairs  of  Japan,  of  the  7th  idtimo,  in  which  he 

S.  Ex.  106 8 


114 


SKAL    KISUEHIES    IN    IJEIilNO    SKA. 


States  tluj  (k'siii'  of  his  (lovt'iiiiiit'iit  to  instruct  its  it'picsentiitive  in 
London  to  tnki*  i»ait  in  the  nej^otiations  thcro  iitMidiny  between  the 
Government  oC  tlie  United  States  and  tiiat  of  Great  Britain,  for  a  con- 
vention for  the  protection  of  seals  in  JJehrinj;  Sea,  i)iovided  the  nej^otia- 
tions  have  reached  a  sta^^c  which  wouhl  admit  of  sucii  i)articipation. 

Jn  reply  you  i>romised  his  excellency  ihat  you  would  retpiest  your 
Government  to  furnish  you  with  iull  information  respectinj^'  the  i)ro^ress 
of  the  nejjotiations. 

No  chanjje  is  known  to  have  taken  i)lace  in  the  state  of  the  lu'yotia- 
tiona  at  London  since  the  Department  last  wrote  you  on  tlie  suhject. 
Four  months  a<;o  strong  hopes  were  entertained  here  that  the  conven- 
tion would  soon  he  conchuled.  JJiit  the  Department  is  now  informed 
that  the  views  of  Iler  JJritannic  Majesty's  minister  for  foreign  affairs 
have  met  with  obstruction  from  Canada,  where  vessels  are  yearly  titted 
out  for  the  purpose  of  preying  upon  seal  life  by  the  use  of  tire  arms  and 
other  destructive  weajKuis. 

It  is  not  perceived,  therefore,  how  the  i)artici]»ation  of  .lapan  in  the 
negotiations  at  Jjondon  could  luomote  their  successful  conclusion. 
There  is  not  known  to  be  any  ditlerence  of  opinion  between  this  Gov- 
ernment and  that  of  Her  liritannic  Majesty  as  to  the  necessity  and  pro- 
priety of  the  international  arrangement,  now  under  consideration,  for 
the  protection  of  the  seals  in  IJehring  Sea. 

The  convention  which  Japan  will  seek  to  make  on  the  same  subject 
will,  as  you  have  indicated,  have  to  be  shajied  in  some  respects  so  as 
to  meet  the  wishes  of  Japan  in  regard  to  the  i)rotection  of  her  inter- 
ests in  the  sea  otter.  What  this  Government  deems  necesf^ary  for  the 
]»reservation  of  the  seals  in  Behring  Sea  is  entirely  to  prohibit  the 
slaughter  of  them  with  firearms,  nets,  and  other  destructive  imple- 
ments, at  a  distance  from  the  coasts.  The  Dei)artment  would  be  glad 
to  learn  the  views  of  the  Japanese  Government  concerning  the  meas- 
ures necessary  for  the  protection  of  its  interests  in  the  otter,  and  to  be 
furnished  with  information  respecting  their  territorial  and  pecuniary 
extent. 

I  am,  etc., 

T.  F.  Bayard. 


RUSSIA . 

No.  102. 


Mr.  Wttrts  to  My.  Bayard. 

No.  139.  J  Legation  of  the  L-nited  States, 

St.  PctcrNhurg,  September  3,  1887.    (Received  September  17.) 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  instruc- 
tion No.  99,  of  the  19tli  of  last  mouth,  relating  to  the  measures  to  be 
taken  for  the  better  protection  of  the  seal  fisheries  in  Behring  Sea,  and 
to  inform  you  that,  in  obedience  to  it,  I  have  communicated  the  invita- 
tion of  the  Government  of  the  Unitecl  States  to  that  of  Russia,  to  enter 
into  such  an  arrangemeut  as  will  put  a  check  to  the  indiscriminate  de- 
struction, by  the  citizens  of  either  country,  of  tlie  seals  in  those  waters. 
1  am,  etc., 

George  W.  Wurts. 


SEAL    IISIIEKIES    IX    15KRIXG    SKA.  115 

Xo.   103. 
Mr.  Lothrop  to  Mr.  liai/ard. 

No.  l.'il.J  LlUiATION   OF   TlIK    UNITED    STATES, 

^7.  FefcrHhKrg,  December  8,  IS87.     (Keceived  DH'ember  27.) 

Sill:  I  liavr  the  honor  to  transmit  herewith  tiie  translation  of  a  note 
from  the  foreign  olliee,  received  at  tlie  h'jjation  yestenhiy,  on  the  i)rop- 
osition  of  tlie  IJnited  States  for  an  international  afjreenient  touchinj; 
the  captnre  of  seals  in  IJehrin'*' Sea.  The  earnestness  felt  here  in  the 
matter  is  plainly  indieated  by  thelangna^ie  of  the  note,  which  speaks  of 
nnrestrained  seal  hnntinji-  as  a  thin};  which  not  only  threatens  the  well- 
beinj;-  bnt  even  the  existence  of  the  peojde  of  the  extreme  northeast 
coast. 

This  lanfjaafie  represents  a  view  which  I  have  heard  here  in  conver- 
sation, of  course  not  otticially,  aiul  which  is  substantially  as  follows  : 

The  seal  tishery  on  our  IJehrin;^'  coasts  is  the  only  resource  our  i)eople 
there  have;  it  furnishes  them  all  the  necessaries  of  life  ;  without  it  they 
l)erish.  Now  international  law  concedes  to  every  ])eople  exclusive  juris- 
diction over  a  zone  alonj;  its  coasts  sutticient  for  its  protection ;  and  the 
doctrine  of  the  equal  rights  of  all  nations,  on  the  high  seas,  rests  on  the 
idea  that  it  is  consistent  with  the  common  welfare  and  not  destructive 
of  any  essential  rights  of  the  inhabitants  of  the  neighboring  coasts. 
Such  common  rights,  under  public  law,  rest  on  general  consent,  and  it 
would  be  absurd  to  attirin  that  such  consent  had  been  given,  where  its 
necessary  result  would  be  the  absolute  destruction  of  one  or  more  of  the 
parties.  Hence,  the  rule  can  not  be  applied  blindly  to  an  unforeseen 
case,  and  these  alleged  common  rights  must  rightfully  be  limited  to 
cases  where  they  may  be  exercised  consistently  with  the  welfare  of  all. 
Behring  Sea  partakes  largely  of  the  character  of  an  inclosed  sea ;  two 
great  iiations  own  and  control  all  its  inclosing  shores.  It  possesses  a 
peculiar  fishery,  which,  with  reference  to  its  preservation,  can  only  be 
legitimately  ])ursued  on  land,  and  even  there  only  nnder  strict  regula- 
tions. To  allow  its  unrestrained  pursuit  in  the  open  waters  of  the  sea 
is  not  only  to  doom  it  to  annihilation,  but,  by  necessary  consequence,  to 
destroy  all  its  coast  inhabitants.  If  this  result  is  conceded,  it  follows 
that  the  doctrine  of  common  rights  can  have  no  application  to  such  a 
ease. 

I  have  thought  it  might  not  be  uninteresting  to  give  this  as  a  view 
which  has  found  expression  here,  and,  if  found  necessary,  I  think  it 
not  improbable  that  Eussia  would  feel  that  she  was  driven  to  ?  '  on  it. 
I  am,  etc., 

Geo.  Y.  N.  Loturop. 


[Inclosure  in  No.  151.— Translation.! 
M.  Ac  (Hers  to  Mr.  Lothrop. 

MlNISTJlY   OF   FORKIGN'   AriAIRS, 

Aniatic  Department,  Noremher  25,  1887. 

Mu.  Minister  :  Mr.  Wurts,  mider  date  of  Aufrust  22  [September  2],  wa.s  good 
•CDoiigh  to  cominuuicate  to  ma  the  views  of  the  Governtiieiit  of  the  IJnited  States  of 
America  upon  the  subject  of  the  desirableness  of  an  understanding,  among  the  Gov- 
ernments concerned,  for  the  regulation  of  the  taking  (Za  chasse)  of  the  fur  seal  (loiitrca) 
in  the  Behriug  Sea,  in  order  that  an  end  might  be  put  to  those  inconsiderate  ])ractice.s 
of  extermination  which  threaten  to  dry  up,  at  their  source,  an  important  branch  of 
international  commerce. 


IIG 


mi:al  fisiikriks  in  ijerixcj  ska. 


We  coiHiir  ciiliirly  ill  tlu*  vicwN  ot'tlio  (ioviTiiirii'iit  of  tlic  I'liiti'il  HtiitoH.  liiko  it, 
Wit  aJM)  liinc  liccii  lor  a  Khil;  tiino  ('oiisiilcrin;;  wliat  iiifaii-4  could  l>i<  takiwi  to  i'*>iii*Mly 
a  staff  ol'  tliiii^H  wliicli  is  iiicjiidicial  not  only  to  comiin'ii-c  anil  to  rcvrniu',  lint  wliicli 
will  not  Ion;;  ili'lay  to  work  disaHlroiis  icsnllM,  not  only  to  the  Wfll-lit'in^r  lint  I'Vi'ii  to 
1  lie  rxisti'iii-f  III' on r  iicoplc  in  tin-  rxtrcnu'  iioillirast.  'I'lif  fstaldisliiiit'iit  of  a  ifUNon- 
alilo  rule,  and  oC  ii  lawful  Kv.sfi'in  in  tlir  nsf  {rr.riiloildliim)  of  tho  riiMcnircoH,  wliich 
liirniMJi  llicif  only  indn.stiy,  is  for  those  iicojilo  ol' vital  ini|)oitan('r, 

'I'lu'  )ir»'Nsiii;;  inl»'it'st  wliii'li  tlir  iniiu'iial  (ioviTnincnt  lias  Iicimi  tims  callfd  to  con- 
hidcr  had  alri'ady  Hn,u'.!;fsti'd  to  it  tho  idea  of  an  intiTiiational  a;;n'cin('nt,  \>y  whirli 
this  interest  ini]Lrlit  lind  its  most  el'iicient  proteetion.  If  is  l>y  this  way  that  tho  dif- 
ferent <|iiestions  involved  can  be  liest  resolved,  mid  anion;;'  wliieh  tliore  exists,  in  our 
ojtinion,  a  irlose  (;onneeiioii. 

The  ]ii'o)iosif  ion  of  an  accord  em  ana  tin;;  fiom  the  (iovernment  of  the  rnited  8  fat  oh, 

and  w  hicli  we  take  jili-asuie  in   (.'onsiderin;;  as  a  step  towards  that  ueneril  solution, 

miisf.  of  conrse,  hnt   meet   the  sineeri^   syinpathies  id'  th(!   imperial  (ioveinnient,  uiiil 

its  active  Hn])port,  and  this  I  pray  yon  to  make  known  to  the  Caliinetat  WiisiiinKtou. 

I'lease  receive,  eti'., 

CilKUS. 


Xo.  KM. 

Mr.  Lothrop  to  Mr.  Jiai/ard. 

No.  101. J  Legation  ov  tuk  United  States, 

.SY.  PeterNhim/y  Fehruari/  L'L',  l.ScS8.  (Received  March  V2.) 
Sill :  Your  <lisj»iitcli,  No.  110,  relative  to  tlie  iHotection  of  fur-beariiig 
seals  ill  the  IJehriiijj  Sea,  has  .just  reached  me,  and  I  have  lost  no  time 
in  makin<?  known  to  the  imperial  Government  your  wishes  respectinjj 
the  co-operation  of  the  Kussian  ambassador  in  London  with  Mr.  I'helps 
on  this  subject. 

\'ery  truly,  etc., 

Geo.  \'.  y.  LoTiiBOP. 


2s^o.  105. 


Mr.  Lothrop  to  Mr.  Bayard. 


No.  104.]  Legation  of  the  United  States, 

St.  Petersburg,  March  12,  1888.     (Received  April  2.) 

Sir  :  Immediately  upon  the  receipt  of  your  dispatch,  No.  110,  I  com- 
municated to  Mr.  de  Giers  the  suggestions  therein  contained.  In  reply 
he  now  informs  me  that  the  imperial  Government,  acting  thereon,  has 
instructed  Mr.  de  Staal,  its  ambassador  in  Loudon,  at  once  to  put  him- 
self into  communication  with  Mr.  Phelps,  and  to  do  his  best  to  promote 
the  common  object  of  the  two  Governments.  I  am  also  requested  ta 
make  this  action  known  to  you. 
Very  truly,  etc., 

Geo.  V.  N.  Lothrop. 


SEAL    FISHKUIKS    L\    UEUINQ    SEA. 


117 


SWKDEX  AND  NOltNVAV. 

Xo.  100. 

^f^\  Mo  gee  to  Mr.  lUnjard. 

No.  118. J  JjEaATioN  oi'  THE  LTnited  States, 

Stoekholm,  March  I'O,  1888.     (Kt'ciMved  April  0.) 

Sir:  I  Jini  in  re(!oii)t  this  ]>.  in.  of  tin's  res])(nist'.  to  my  noto  (written 
niuler  your  instrncition  of  tluto  September  17,  1887),  invitin<j:  the  (lov- 
ernnient  of  the  United  Kinsiloms  to  join  in  an  arrimjjen.nt  whereby 
iin  end  would  be  put  to  the  indi.s(!riminate  Uillin{?  of  seals  in  the  liehr- 
iny:  Sea. 


The  royal  Government  liaviu}''  no  interest  in  seal  fisheries,  His  Maj- 
esty thinks  there  is  no  need  to  take  part  in  any  treaty  or  arrangement 
in  reference  thereto  on  the  part  of  the  United  Kingdoms.  lie  however 
expresses  the  desire  that  a  mutually  benellcial  accord  may  be  arrived 
at  between  the  interested  powers,  and  that  the  same  may  bo  maintained 
with  ft  reservation  that  i)Owers  not  at  present  interested  may  join  in 
such  an  arrangement  in  the  future  if  they  desire. 

At  present  neither  Sweden  nor  Norway  engages  in  seal  fishing  in 
Behring  Sea  or  adjacent  waters. 
1  have,  etc., 

liUFUS  Magee. 


Paet  Til. 


CANADIAN  CORRESPONDENCE  RELATIVE  TO  THE  SEIZURE  OF 
BRITISH  SAILING-VESSELS  IN  BEHRING  SEA  (REPRINTED  FROM 
CANADIAN  DOCUMENTS). 


No.  107. 


Sir  L.   ^yest  to  Lord  Iddcsleiyh. 

Washington,'^ *S'epft.'.>»^te>-  21,  1886. 

My  Lord  :  The  reported  seizure  of  British  vessels  by  American 
cruisers  in  waters  over  whicliit  a])pear8jtlie  United  States  Cxovernment 
claim  jurisdiction,  as  adjacent  to  the  Territory  of  Alaska,  has  given  rise 
to  much  comment  in  the  newspapers  touching  the  interests  of  a  power- 
ful commercial  company  which  may  be  affected  by  the  international 
(piestions  arising-  therefrom,  an<l  in  this  connection  I  have  the  honor 
to  inclose  to  your  lordship,  herewith,  a  precis  of  the  histcn-y  of  theorigin 
of  this  company,  as  well  as  of  what  has  been  written  on  the  subject. 

Chapter  3  of  the  Kevised  Statutes  of  the  United  States  ([).  312,  sec- 
tions 1951  to  1070,  inclusive)  contains  the  "provisions  relating  to  the 
unorganized  Territory  of  Alaska,"  and  section  19ol  extends  "  the  laws 
of  the  United  States  to  and  over  all  the  main-land,  islands,  and  water 
of  the  Territory  "  ceded  by  Eussia  to  the  United  States  by  the  treaty  of 
1867. 

In  addition  to  the  case  of  the  Government  seal  islands,  the  Alaska, 
company  holds  as  well  leases  of  certain  islands  from  the  Itussian  Gov- 
ernment, so  that,  in  fact,  it  may  be  said  to  monopolize  the  seal  fur  in 
these  waters.  . 

I  have,  etc., 

L.  S.  Sackville  West. 
The  Earl  of  Iddesletgh,  G.  C.  B.,  etc. 


|Iuclosiin'.| 
Uistorij  of  the  orUjin  of  the  Alaska  Commercial  Compatiij. 

Tho  tiausler  of  the  Territory  of  AlaHka  to  the  Unit«'(l  States  Government,  in  eom- 
I'luHKo  witli  the  terms  of  tlie  treaty  of  purchase  between  the  two  Governments,  in- 
chided  the  transfer  of  .dl  the  Russian  Governnjent  (property),  such  as  prblic  build- 
ings at  Sitka,  governor's  lionse,  custom-liouse,  hospital,  au<l  wharves,  etc.     There 
118 


SKAL    FISHKRIES    IX    HKIJIXG    SEA. 


119 


Avcre,  liowevtT,  certain  linildings  roHcrvod  ii;*  tho  i)ro()orty  ol"  tlic  IJiissiuu  Fur  Com- 
]iiniy,  <TU(l  tis  (JeiuM'iil  Uoussuiui,  the  Uiiitt'tl  Staten  coiiiinissiDiittr,  t-onld  not,  in  liis 
ofllicial  cai)acity,  takt)  any  active  or  open  part,  in  its  disposal,  Prince  Matsnlvoti'.  tlio 
JJnssian  ffovernor,  concluded  a  bargain  with  Mr.  Hutchinson,  who  accompanied  (jen- 
eral  Rousseau  as  his  private  secretary.  This  bar<i.iin  included  all  the  proptMty  of  the 
Russian  Fur  Company  .and  the  \merican  ol'ticers  stationtMl  at  Sitka,  who  claimed  that 
they  were  entitled  to  a  share  of  tho  spoils.  JJy  virtue  of  this  harj^ain  with  I'rinee 
Mat.4ukoti',  who  was  jfovernor  of  the  company,  Mr.  Hntcdiiuson  j)r()pnscd  to  take 
])ossessi(M»  of  the  fur  trade  of  Alaska  and  the  seal  islands,  (and)  left  for  Victoria 
(Hritish  C(dund)ia)  and  San  Francisco  to  make  the  necessary  arranjiements. 

At  tlio  former  place  he  met  with  a  Mr,  Kohl,  owner  of  a  British  steamer,  called  the 
ridelilor,  with  whom  lie  entered  into  itartnersliii),  and  the  tirm  still  exists  under  the 
name  of  Hutchinson,  Kohl  »t  Co. 

The  sttanier  obtained  an  American  rej^ister,  under  the  j)lea  that  she  was  a  Russian 
vessel  at  tho  time  of  the  transfer  of  the  Territory  to  the  Knited  States,  and  was  thus 
enabled  to  carry  on  the;  coastinjx  trade. 

Freparations  were  nnide  in  istw  for  workinj;  the  fur  trade  of  \\u:  newly-ac>juired 
]t08session,  and  especially  for  the  occupation  of  the  I'riliylor  Island,  to  which,  l)y 
virtue  of  the  arran^emiMits  with  Prince  Matsukolf,  the  new  company  considered  they 
liad  an  exclnsiv(>  rijiht.  l'p(m  their  arrival  there,  however,  they  found  them  occu- 
pied by  ex]>erienced  sealers  from  New  London  and  Stouiuifton,  Conn.,  under  one 
Cai>tain  Morf;'aii.  A  li>?ht  tor  ])ossession  seenu'd  innuiuent,  but  a  division  of  the 
season's  catch  was  tinally  aj^reed  upon.  While  the  two  parties  were  thus  amicably 
at  work,  Mr.  Pllu<;el,  Russian  vice-consul  at  Honolulu,  .-Mrivt'd  at  the  head  of  an  ox- 
))e<lition,  believinjf  that  he  should  tiiul  the  islands  unoccui)ied,  but  was  eventually 
forced  to  retire  before  the  coml)ined  forces  of  Captain  Moifjan  ami  Mr.  Hutchinson, 

It  now  becauu)  obvious  that  the  Government  must  taki;  means  to  i)reservo  these 
valuable  .seal  rookeries,  and  in  the  winter  of  [>H'i6  an  act  of  Congress  was  passed,  the 
conditions  I'or  pei'niissicui  to  take  seals  bein;,',  howi^ver,  reserved  for  future  Con}j;res- 
sioiial  action.  TIk;  c()aliti(Mi  between  Hutchinson  and  Moi-j^an  still  continutMl,  and 
tinally  led  to  tht»  orfjanization  of  the  powerful  and  wealthy  Alaska  Commercial  Com- 
pany. Since  1870  this  comitany  has  controlled  the  entiio  fur  trach^  of  Alaska,  and  by 
virtue  of  its  alliances  with  the  lessees  of  tho  Kussian  seal  islaiids  controls  the  valuable 
fur-seal  trade  of  the  world.  With  stroni;'  ])olitical  inlliience  in  th(i  Congress  of  I87(i, 
it  obtained  a  lease  of  the  Pribylor  Islands  for  twenty  years,  at  a  I'ontal  of  .§.')5,()(l()  a 
year  and  a  royalty  of  S'^AVi  per  skin,  the  take  to  be  limitecl  to  100,000  skins  a  year. 
It  is  caleulateil  that  the  company  pays  annually  !JIU.'),000  to  the  United  .Statics  Treas- 
ury, which,  after  i)ayin<^  all  the  expenses  of  the  Territory,  yields  more  laan  4  percent, 
per  annum  on  tin;  iiurchase-iuouey  paid  to  Russia  for  Alaska. 

To  j)reserve  this  revenui!  thronj;1i  future  years,  the  protection  of  the  seals  fi-oni  ille- 
gal capture  or  disturbance  on  their  annual  visits  to  the  islands  h.is  bt^en  deenuid  an 
absolute  necessity,  and  hence  the  prohiliiiion  aj^ainst  approacliinji'  or  !andin<<'  on  the 
islands,  and  the  vifjilance  of  the  United  States  cruisers  in  tho  Hehrin;^  Sea.  It  is 
not,  however,  {ienerally  understood  that  the  Aliiska  Company  controls  the  fur  trade 
of  all  tho  nuiin-land  and  islands  of  Alaska  lyiny;  west  of  the  l4lst  meridian  td"  west 
lon<jitude,  and  that  ils  operations  over  this  vast  extent  of  territory  and  coast  are  en- 
tirely distinci  iVom  and  havci  no  connection  with  its  exclusive  i;ontrol  oi  the  seal 
islands,  which  it  holds  by  virtue  of  its  lease  fiom  the  United  States  (lovernment. 

Outside  of  these  islands  it  holds  no  exclusive  rights  or  franchise  from  tho  (!overn- 
ment,  nor  does  it  pay  any  rent  or  royalty  to  the  Goveinmeiit  or  the  territory  it  occu- 
))ies  or  tho  furs  it  procures  from  the  natives.  It  has  no  rigiits  over  any  other  citi/en 
or  <'ompany  <d'  citiziMis  who  may  desire  to  trade  in  competition  with  it,  and  yet  it  has 
been  aided  by  tho  Revenue  Marine  in  sujipressing  compel  ition  from  rival  traders;  for 
it  a]tpearti  that  niuler  instructions  from  the  Treasury  Depj'  nncnt  the  revenue  (cruis- 
ers board  and  examine  every  iradiug  vessel  sighted  in  the  Pchring  Sea  or  on  tho 
northwest  coast  of  Alaska,  except  the  vessels  of  tln^  company.  If  a  pretext  can  be 
found,  HI  otlicer  is  ]»la,ccd  on  board  with  instrucitions  to  take  the  vessel  to  Ounalaska 
and  discharge  lier  (largo.  She  is  then  sent  to  San  Francisco,  where  tho  lJnit(ul  States 
nnirshal  tinds  that  there  isno  cause  for  condeminition,  and,  as  the  object  of  breaking 
up  her  voyage  has  been  gained,  she  is  released  and  ncstored  to  her  owners.  The  ves- 
sels subjected  to  this  treatment  conuj  from  Ilritish  Columiiia  ami  .lapan,  and  are,  It 
is  said,  iitted  out  for  contraband  trade. 

Wasiun'gtox,  Scplrmbir,  l^^^■(J. 


120 


SEAL    J^ISIIERIES    IN    BERING    SEA. 


Xo.  108. 

The  Administrator  to  Mr.  stanhope. 

IIALIFAX,  Heiitemher  27,  1S8G. 

Sir  :  1  had  the  honor  to  send  yon  a  telegraphic  message  on  the  I22d 
instant,  of  which  the  following  is  the  substance: 

The  Canadian  schooners  Thornton,  Omcard,  and  Carokna  were  seized 
on  the  1st  of  August  in  Behring  Sea  by  the  United  States  cutter  Cor- 
tcin.  The  ca])tain  and  mate  of  the  Thornton  were  tried  in  the  district 
court  of  the  United  States  at  Sitka  <m  the  30tli  of  August.  It  was 
attemjjted  to  show  that  the  Thornton  was  seized  for  killing  seal  about 
70  miles  SSE.  of  St.  George's  Island,  within  that  portion  of  Behring 
Sea  ceded  by  Kussia  to  the  United  States. 

The  judge,  in  charging  the  jury,  quoted  article  1  of  the  tro'^ty  of 
March  30,  1807,  between  the  United  States  and  Kussia,  and  atlirmed 
that  all  watprs  within  the  boundary  set  forth  in  the  treaty  to  the  western 
end  of  the  Aleutian  Archipelago  and  islands  were  to  be  deemed  Ameri- 
can, and  that  the  penalties  of  tlie  law  against  the  killing  of  fur-bearing 
animal'j  were  to  attacih  to  its  violatioji  within  the  limits  in  question. 
The  jury  were  told,  if  they  believed  the  evidence  as  to  the  killing  of 
any  fur-bearing  animals  by  the  accused  on  the  Alaskan  coast  or  in 
Beliring  Sea  east  of  the  103d  degree  of  west  longitude,  to  find  thetn 
guilty. 

The  prisoners  were  found  guilty.  The  master  of  the  Thornton  was 
fined  $500  and  sentenced  to  imprisonment  for  thirty  days.  The  mate  was 
fined  $300  and  sentenced  to  thirty  days'  imprisonment.  The  otlicers  of 
the  other  two  vessels  were  also  tried  and  similar  penalties  imposed 
upon  them. 

The  Government  of  Canada  protests  against  the  claim  of  the  United 
States  to  the  sole  sovereignty  over  Bering  Sea  700  miles  east  of  the 
westerly  boundary  of  Alaska,  defined  by  tlie  abov<;-mentioned  article 
1  of  the  treaty  of  March  30,  1807,  as  contrary  to  the  admitted  i)rinci- 
l)les  of  international  law,  and  also  in  oi)position  to  the  1"  lited  States 
contention  concerning  common  waters  on  the  coast  of  the  Atlantic.  It 
protests  also  against  the  unwarranted  and  arbitrary  interference  of  the 
authorities  of  the  United  States  with  the  ])eaceable  and  lawful  occu- 
pation on  the  high  seas  of  Canadian  citizens,  as  well  as  against  the  for- 
feiture of  tiieir  property  and  the  indignity  of  imprisonment  which  have 
been  imi)osed  upon  them.  The  foregoing  facts  liave  also  been  connnu- 
nicated  to  Sir  Lionel  West. 
I  have,  etc., 

A.  C 


I'rSSELL, 

Aihninistrdtor. 


> 


lit.  Hon.  Edward  Staniiopk. 


Xo.  100. 
The  adminiNtrator  to  Mr.  IStanhopc. 

Halifax,  Nova  Scotia,  lSq)tcmber  27,  1S80. 

Sir  :  1  have  the  honor  to  inclose  herewith  a  coi)y  of  an  approved 
minute  of  my  i>rivy  council,  to  which  is  appended  arei)()rt  by  my  minis- 
ter of  nnirine  an<l  lisheries,  upon  which  my  telegram  of  the  22d  instant 


SEAL    FISHP:1{IES    in    BERING    SEA. 


121 


was  foiiudt'd,  relative  to  the  seizures  of  the  Canadian  schooners  Thorn- 
ton,  Omcard,  and  Carolina  while  en{i;a}j;ed  in  the  peaceable  pursuit  of 
their  lawful  occupation  on  the  high  seas. 

(2)  It  will  be  seen  from  this  report  that  the  masters  and  mates  of  the 
>-         above-mentioned  vessels  have  been  tried  before  the  I'nited  States  dis- 
trict court  at  Sitka,  in  Alaska,  and  sentences  of  iminisonmeut,  in  addi- 
tion to  heavy  lines  imposed  upon  them,  while  their  property  has  been 
subjected  to  forfeiture. 

(3)  My  ministers  are  of  the  opinion  that  the  action  of  the  United 
States  authorities  with  respect  to  these  vessels  is  indefensible,  and  that 
immediate  reparation  should  be  demanded  from  the  Government  of  that 
country  therefor. 

(4)1  have  communicated  a  copy  of  this  minute  and   the  api)ende«l 
report  to  Her  INIajesty's  minister  at  Washington. 
I  have,  etc., 

A.  Eussp:ll, 
Administrator. 
lit.  Hon.  EuwAKD  Stanhope,  etc. 


I  Kiiclosuiv.  ] 

Coiijinl  coin/  (>/  a  report  of  a  coniniillce  of  the  hmtorahlv  the  jiririj  (mnicil,  tippxiicd  by 
his  eu'ccllviicii  llie  admiuislrator  of  the  !iortriii>r  in  vo  unci  I  on  tht  2Ath  Scptinibcr,  Itj^  !. 

Tli(i  committee  of  the  pvivy  ('v:iiiicil  have  litul  before  tlicm  (he  jiiineNcfl  report  from 
tlx'  minister  of  iiiariiie  ami  iislieries,  witli  reference  to  tlie  ease  of  the  (Jaiiadian 
seliooners  Thornton,  Onintrd.  n\u\  Ciirolind  seized  on  tlie  1st  of  August  last  by  the 
United  States  authorities  in  l>ubrin<;s  Sea. 

The  c'oiiimittee  coiicnr  in  the  saiil  rt'iiorl,  and  tliev  advise  that  the  samt;  be  carried 
out. 

All  wliieli  is  resiieclfully  submitted  for  your  exfelleney's  apjiroviil. 

.JoiiN'  J.  M(  Or.i:, 
C!i-rk  I'rirtj  Voanvil,  Canada. 

DKrARTMIONT    Ol"    ElSIlKKlKS,  CaXADA, 

(Hlau-a,  '2lKt  .September,  Idf^O. 

In  ref"erence  to  Ji  rei)ort  of  council  under  date  '2'.U\  Se])tend)er,  referi'iiij;'  to  tlic;  case 
of  Canadian  schooners  Thornton,  Onward,  and  Carolina,  seized  on  August  1st  by  the 
United  States  authorities  in  Kehrinjis  Sea,  th<'  uiidersigtu'd  has  the  lionor  to  lay  be- 
fore council  the  followin<r  additional  information  : 

It  is  stated  in  elfect,  in  the  Alaskan,  a  nc\vs|iaper  published  at  Sitka,  in-  tlu>  TiM'ri- 
tory  of  Alaska,  and  bearing  date4th  September,  IH.'d. 

(1)  That  the  nuister  and  unite  of  the  schooner  Thornton  wi'ro  brou|iIit  for  trial  be- 
fore Judj^e  Dawson  in  the  United  States  district  court  at  ISitka  on  the  odth  August 
last. 

(2)  That,  the  evidence  giviiii  by  tlie  olliecrs  of  tho.  United  States  revenue-cutter 
Coririn  altem])ts  to  show  that  the  Thornton  was  seizi'd  while  in  l!eliiiuv,s  Sea  al)out  (iO 
o  ■  70  miles  SSE.  of  St.  (ieorge  Island,  for  theotfeiise  nf  hunting  and  killiuL!;  sen  Is  within 
tliat  i)art  of  Behrings  Sea  Avhich  was  ceded  to  the  United  States  by  JJussia  in  IHtiT. 

(:?)  TJi.'it  the  judge,  in  his  charge  to  the  jury,  after  (juotiiig  tin?  tirst  article  of  X\w 
treaty,  ;iOth  March,  llrti?,  between  Russia  and  the  I'nited  States,  in  which  the  western 
boundary  of  Alaska  is  deiined,  goes  on  to  say  :  "All  the  waters  within' the  boundaries 
set  forth  in  this  treaty  to  the  western  eml  of  the  Aleutian  Arclii]>eiago  an<l  cluiin  of 
islands  are  to  be  considered  as  comjirised  within  thi?  waters  of  Alaska,  and  all  the 
penalties  ]trescribed  by  law  against,  the  killing  of  fur-bearing  animals  must  therefore 
attach  against  any  violation  of  law  within  tlie  limits  before  dcscribtMl. 

"  If,  therefore,  tlie  jury  believe  from  the  evidence  that  the  defendants  by  themselveH 
or  in  conjunction  with  others  did,  on  or; about,  the  time  charged  in  the  information, 
kill  any  otter,  mink,  martin,  sable,  or  fur  seal,  or  other  fur-b(>aiing  animal  or  animals, 
ou  the  shores  of  Alaska  or  in  the  Behrings  Sea,  east  of  the  IDItrd  (legicc!  of  ^est  longi- 
tude, the  jury  should  tiud  the  <l(!fendants  guilty  and  assess  theii'  punishment  separ- 
ately at  a  tiiui  not  less  than  J&'JdO  nor  more  than  SI, ()()(),  <ir  imiuisoumcnt  not  more 
than  six  months,  or  by  both,  such  line  within  tin;  limits  hcreiii  set  forth  and  iinpris- 
onmeut." 


w^^^mm 


122 


SF.AL    FISHERIES    IN    BERING    SEA. 


(4)  Tliiit  tlio  Jury  Itrouf^lit  in  a  verdict  ol'  S'l'lty  ajjaiiist  tho  prisoners,  in  acfonl- 
aiice  with  which  tiio  master  of  the  Tlionitoii,  JIans  Guttornisen,  was  sentenced  to 
iiiipriHoninent  lor  thirty  (hiys  and  to  pay  a  lino  of  floOO,  and  the  unite  of  the  Thoru- 
ton,  Norman,  was  sentenced  to  imprisonment  for  thirty  <hiys  and  to  pay  a  tine  of 
%'M'),  which  termsof  imprisonment  are  nresnmably  now  beiiiK  carried  into  effect. 

It  also  ap])ear8  by  tele<;raphic  dispatch  from  Nanaimo,  ISritisl'  Colnmbia,  dated 
18th  September,  that  the  nnistei's  and  mates  of  the  Onuaril  and  CatoIUki  have  since 
been  tried  and  sentenced  to  •.inderj^o  simihir  iienalties  to  tliose  lieinj;  indicted  on  tlio 
master  and  mate  of  the  Tho'nton, 

Ic  will  ap[)ear  i'rcnn  the  above  information,  conjoined  with  the  report  of  counci't 
under  date  September  li:{rd  inst.,  that  the  United  States  luive  dctermintid  to  lay 
claim  to  the  solo  sovereijuiity  of  that  part  of  Uehrin^s  Sea  lyin;^  east  of  the  westerly 
boundary  of  Alaska,  as  delined  in  the  iirst  Articdeof  the  Treaty  made  between  the 
United  States  ami  Kussia  in  IHOT,  by  which  Alaska  was  ceded  to  the  United  States, 
j»nd  which  includes  a  stretch  of  sea  extending  in  its  widest  part  some  600  or  700  miles 
easterly  from  the   aainlaud  of  Alaska. 

In  jnnsnance  of  this  claim  tliey  have  interfered  with  the  peaceable  and  lawfnl  oc- 
cupation of  Canadian  citizens  on  the  hifrh  seas,  have  taken  possession  of  their  ships, 
hav(}  subjected  their  proi)erty  to  forfeiture,  and  visited  upon  tln'ir  jiorsons  the  indig- 
nity of  lmi)tisonm»!nt.  'flu^y  appear  to  have  done  this  in  spite  of  the  admitted  jirin- 
fil)les  of  international  law,  an<l  in  direct  oi)positi()n  to  their  own  contention  of  what 
constitutes  conmion  waters  upon  the  Atlantic  coast. 

In  view  of  the  unwarranted  and  arbitrary  action  of  the  United  States  authorities, 
the  umlersif^ned  reconinu'nds  that  a  co])y  of  this  report  be  sent  to  Ibn-  Majesty's  fiov- 
ernment,  to  the  end  that  innnediate  rtiparation  be  dennindtMl  from  the  Government 
of  th(>-  United  States,  and  that  in  the  mean  time  tli(>  facts  containtMl  therein  be  tele- 
graphed to  the  Secretary  of  State  for  the  Colonies  and  to  the  Hritish  minister  at  Wasli- 
in<>ton. 

The  wlnde  respectfnlly  snbmitted. 

Gkorck   E.    FoSTKIi, 
Miiihlerof  Marhic  and  Fisheries. 


> 


No.  110. 
The  (((hninistrafor  to  ^fr.  l^tanho}^'. 

Halifax,  September  i>7,  ISSO. 

Sir  :  I  have  tlio  honor  to  for  wiinl  herewith,  for  tninsiuission  to  tlie 
foreign  ofiice,  a  coi)y  of  an  approved  report  of  the  committee  of  the 
privy  eonncil,  submitting?  depo.sitions  from  some  of  the  otUcersaml  men 
of  the  Canadian  schooners  (hiivard,  Tkoruton,  and  Carolina,  relative  to 
the  seizure  of  those  vessels  in  IJeiiring  Sea  by  the  United  States  leve- 
nne-ci  tter  Corwin,  and  their  subsequent  detention  at  the  Port  of  Ouna- 
laska,  in  the  Territory  of  Alaska. 

(2)  You  will  observe  from  the  accoinpfinying;  papers  that  it  appears 
that  the  schooners  mentioned  are  Canadian  vessels,  titte<l  out  in  \'ic- 
toria,  B.  C,  for  the  capture  of  seals  in  the  waters  of  the  Northern  Pa- 
cific Ocean,  sidjicent  to  Vancouver  Island,  Queen  Charlotte  Islands  and 
Alaska,  and  that  at  the  time  of  the  seizure  by  the  Corwin,  on  the  1st 
August  last,  they  were  taking  seals  in  the  oi)en  sea  at  a  distance  of 
more  than  (50  miles  from  land. 

(3)  My  minister  of  marine  and  fisheries  has  taken  steps  to  get  further 
depositions  from  the  owners,  masters,  and  crews  of  the  above-inentione<l 
vessels,  in  order  that  a  (;hiim  may  be  made  upon  the  United  States  Gov- 
ernment tor  danmges,  for  the  unwarranted  seizure  of  JJritisIi  vessels  on 
the  high  seas. 

(4)  I  have  communicated  a  eoi)y  of  this  order  in  council,  with  the 
accompanying  i)apers,  to  Tier  Majesty's  minister  at  Washington. 

I  have,  etc., 

A.  Russell, 

Administrator. 
lit.  Uon.  Kdwakd  Stanhope. 


SEAL    FISHERIES    IN    BERING    SEA. 


123' 


[IiicloBure  1.1 

Crrtijied  cop!/  of  a  report  of  a  commitUr  of  the  honorahh;  the  privy  coinicil,  npprored  hi/ 
his  excellency  the  adminiHlrator  of  theyovernment  in  council  on  the  '2'M  day  of  f>cptembcr, 
188(J. 

Oil  ii  report  dated  Htli  September,  1H8(1,  from  the  iiiiiiLster  of  iiiiuine  and  tisheries, 
snbmittiiij^tlieiiccoinpaiiyiiif;  pajiors  relative  to  tlie  seizure  of  the  Canadian  sclioonors 
(tiitvard,  Thornton,  and  Carolina  in  lielirinf^'s  Sea  by  the  United  States  revenue-entter 
Coru'in,  aud  their  subsecnient  detention  at  the  port  of  Oonalaska,  in  the  Territory  of 
Alaska. 

Copy  of  .T,  letter  from  James  Ogilvie,  master  of  the  Canadian  sealing  schooner  Car- 
olina. 

Copy  of  a  letter  from  Daniel  Munroe,  master  of  the  Canadian  sealing  schooner  On- 
ward. 

Depositions  of  John  Dallas,  seaman  on  board  the  Thornton  :  of  Tlionias  McLardy, 
cook  on  boaid  the  Carolina  ;  of  Edward  Shields,  seaman  on  board  the  Carolina  ;  and 
of  Wni.  Mnnsie,  owner  of  the  Carolina  ;  all  of  the  province  of  British  (."(diinibia. 

The  minister  observes,  that  from  these  pajiers  it  ajypears  that  the  schooners  men- 
tioned are  Canadian  vessels,  fitted  out  in  Victoria,  British  (joluntbia,  for  tin*  cjipturo 
of  Heals  in  the  waters  of  the-  Northern  racitic  Ocean,  adjacent  to  Vancouver  Island, 
C^iieen  Charlotte  Islaiuls,  and  Alaska  :  that  at  the  time  of  their  seizure  by  tin;  Corwin- 
they  were  taking  seals  in  the  open  seas,  out  of  sight  of  land,  the  Carolina  in  lat.  .^).">'^ 
.")0'  "N.,  long.  IOrJ  5;{'  \V.,  the  Onward  in  lat.  54-  fvi'  N.,  hmg.  1(57-  ;'..'>'  W.,  aud  the 
Thornton  in  abtmt  tlxs  sauu>  latitude  and  longitmle,  and  all  of  them  at  ii  distance  of 
more  than  fiO  miles  from  the  nearest  laiul ;  that  they  were  taken  possession  of  by  the 
United  States  cutter  on  August  1st,  l-'bti,  aud  towe<l  to  the  port  of  Oonalaska, 
where  they  are  still  detained.  The  criiws  of  the  Thornton  and  Carolina,  with  the 
excei)tion  ot  the  captain  aud  one  nuiu  r)u  each  vessel,  d«itained  at  Oonalaska,  were 
sent  by  the  steamer  .SY.  I'anl  to  San  Francisco,  Calitornia,  and  there  turned  adrift, 
while  the  crew  of  the  Onward  was  kei)t  at  Onnahiska.  At  the  tinu*  of  their  seiz- 
ure the  Thornton  had  404  seal  skins  on  board,  the  Onward,  WO;  aud  the  Carolina^ 
()8() ;  aud  these  are  detained  aud  kept  at  Oonalaska,  along  with  the  schooners,  by 
the  United  States  authorities. 

The  minister  states  that  he  has  taken  stej)s  to  got  further  depositions  I'Voui  the  own- 
ers, masters,  and  crews  of  the  vessels  above  uuMitioiUMl,  iji  ordt^l•  that  a  cl;uui  nuiy  be 
niadt!  upon  the  United  States  (ioverunicnt  for  damages  f)r  this  unwarranted  seizure 
of  British  vessels  in  the  open  sea. 

The  counnittee  recommend  that  your  ex(!elleiu'y  be  uuived  to  transmit  a  cojiy  of 
this  minute,  if  ai>|U'oved,  together  with  copit^sof  th(*i)apers  herein  nieutioiu'd,  to  the 
right  honorable  tlie  ])rinci])al  secretary  of  state  i"or  the  coloiues.  for  trausmissi'Ui  to 
the  foreign  ollice,  and  also  co])ies  to  Her  Miijesty's  minister  at  Washington. 

All  of  whicdi  is  resi)ectfuliy  submitted  for  your  excellency's  approval. 

Joiix  J.   Mc'(iKK, 

CUrk  Triry  Council. 


Ilnclosiini  'J.  1 


Copy  of  letter  from  JamcH  OyiUie,  master  of  schooner  Carolina. 


SciIOON'Ki:   CAIiOt.INA, 

Oonalaska,  Any  nut  Ii,   I88f). 

Dkaii  Sih  :  The  United  States  steamer  Corwin  boiirded  and  took  iduirge  of  the 
schooner  in  latitude  oo^  50'  Is.,  longitude  Kie'  5:!'  W.;  they  took  all  the  lire-arms  from 
the  schooner.  I  asked  why  they  dul  so;  they  said  tor  killing  feuuih^  seals  aud  carry- 
ing tire-arms.  Tiiey  towed  the  Thornton  aud  Onward  in  at  tlu;  same  time.  I  have  got 
(i8G  seal  skins  on  board  ;  Thornton,  W\;  Onward,  Wi).  I  have  heard  nothing  of  the 
I'allijinder  in  the  Behring  Sea;  she  was  seen  oil  Sitka,  coming  up.  It  was  on  August  1, 
at  6  p.  m.,  they  took  charge  of  the  schooner;  canoes  and  white  men  will  not  do  ;  all 
the  schooners  that  have  canoes  liiive  got  from  !)  to  II  canoes.  The  American  schooner 
N'rtH  i>/('^o  is  in  h»!re ;  they  havti  taken  all  her  skins  aud  sails  on  shore;  500  skins. 
Thirteen  days  after  wo  left  Clayipiot  we  were  in  the  Behrings  Sea,  we  lost  the  boat 
from  the  stern. 

Auiil-ST  7,  1886. 

The  company's  steamer  St.  I'anl  \v\]\  leave  to-morrow;  the  captain  of  the  San  Diego> 
and  all  hands  are  going  down  in  her.     I  will  send  this  letter  by  her. 
Yours,  truly, 

Jamks  Ooii.vii:. 


^nB^^mm 


!<n«9 


124 


SEAL    FISHKRIES    IX    HKRING    SEA. 


lliiclosure  3.1 
Copy  of  letter  from  Daniel  Mutiroe,  incatcr  of  schooner  Onward. 

SCIIOONKII  OnVVAKI),    I'OKT  IMOM'K, 

Ounulaiika,  AiKjuxtl,  l.'^Sfi. 

UkauSiu  :  On  tlie;?d,  wJiile  the  Oi  ward  was  iiilatitU(lor)4J  iV2'N.,  loiijjitudo  IG7^  T}')' 
W.,  Jiiid  about  70  miles  fioiii  tlm  nt-art!,sl  land,  the  Uiiittul  Statew  revenue-cut  1  it  Cor- 
ivin,  liavin<;  the  Hchooners  Thornton  and  Carolina  in  tow,  boanled  u.s  and  t-ent  a  crew 
<)U  board  anil  towed  us  in  here,  v>iiere  \vc  are  lyinjj;  at  i)resent  with  wails  bent  and  seals 
on  board  and  a  watchman  in  eliar<re,  but  can't  lind  out  what  they  intend  to  do  with 
us,  so  1  can't  say  any  more  about  it  at  ])resent. 

I  met  the  Faroritc  nu  the  'Jf^th.  Ca]ttain  McLean  was  on  board  of  us;  w(>  jjavehim 
50H  skins  and  they  had  1, 21)0  they  took  themselves,  niakinj^  them  about  l.ti'OO  total, 
and  as  we  were  in  sifrjit  of  each  other  until  the  iii^ijht  of  the  1st  instant  he  must  have 
nuide  a  j^ood  catch,  tor  we  liave  400  skins  on  board  at  jireseut  that  we  took  in  four  days, 
and  lam  jtositive  his  crowd  could  take  twice  that  number,  as  we  have  not  got  the 
best  t)f  scalers, 

I  believe  all  the  scliooners  did  well,  and  I  tiust  they  will  get  away  all  right. 
There  is  no  cutter  out  at  jueaent,  as  there  is  only  two  of  them  nji  here,  one  of  them 
up  in  the  Arctic;  and  the  other  that  brought  us  her*!  is  still  watching  us  here. 

We  may  iind  out  to-day  how  they  are  going  to  dispose  of  ns,  but  I  am  in  hones  they 
maile  fal.se  stei)H,  and  that  they  can  do  nothing  more  than  sjtoil  the  season. 

They  took  the  schooner  iSan  Dicijo  in  here  about  a  nioutli  ago,  and  took  the  skins 
out  of  her  and  unben!  her  sails  and  ]int  everything  ashore,  and  they  are  sending 
tiie  crew  to  .San  Francisco  to-day  in  one  of  the  Fur  Coin]»any's  steamers,  St.  I'aul. 

Later  on  have  heard  nothing  more,  only  the  crew  of  the  Thornton  and  Carolina  is 
going  to  San  Francisco  to-day  in  the  steamer  St.  I'anI,  except  the  captain  and  one 
man  in  each,  but  they  took  none  of  our  crew. 

There  are  rumors  adoat  that  the  tliree  schooners  are  to  be  laid  up  here  all  winter, 
and  that  we  are  to  be  taken  to  JSitka,  l)ut  no  certainty.  I  wrote  you  this  morning 
as  tlie  boat  was  leaving  the  wharf,  thinking  that  she  was  going  away,  l)ut  shi!  came 
to  anchor  i)i  the  roads  and  I  don't  think  I  finished  it.  I  was  afraid  of  being  late.  We 
sent  a  i)rotest  on  board  the  cutter  against  the  action  of  the  authoritier,  in  seizing  the 
vessels  on  the  high  seas,  but  I  don't  know  if  it  will  amount  to  much;  thevo  is  no 
notary  ]inl)lic  here  to  sign  it.  I  have  notliing  more  to  write  you.  Trusting  things 
will  turn  out  better  than  we  expect. 


I  remain,  etc. 


C11AIU.KS  SP1!I.\G,  Escj., 
Victoria. 


T).\SIKI.  MuxitOK. 


[lucltisinc  4.] 

J)ej)Oiiilion  of  John  Dallas. 

I,  John  Dallas,  of  ^'i(•toria,  I'ritish  Columbia,  seaman,  do  solennily  and  sincerely 
declare  that  1  was  engaged  about  the  end  of  May,  IHdd,  as  a  seaman  on  board  the 
Bchooner  Thornton,  of  'Z'Z.'M  registeriMl  tonnage,  registered  in  the  Dominion  of  Canada 
as  a  lUitish  vessel.  I  was  engaged  sealing  on  the  west  coast  of  V'aneouver  Lsland, 
and  wluMi  tl.o  seals  got  scarce  the  Thornton  M't  Clayakot,  Vancouver  Island,  for  Beh- 
ring  Sea  about  beginning  of  .June,  and  three  days  alter  i)assing  ITnamark  Pass 
we  kilh'd  our  first  seal,  being  then  about  2^>0  miles  from  land  ;  we  wc^re  engaged  seal- 
ing in  the  o]>eii  sea  until  the  1st  of  August.  We  had  a  little  ov(!r  400  skins  on  board 
when  the  L'nited  States  steamer  Corwin  sei/.ed  our  vessel  and  took  her  to  Ounalaska  ; 
they  were  about  twenty-eight  hours  engaged  in  towing  us  to  Ounalaska.  The  master 
of  the  CociriH  removed  all  our  guns  and  ammunition;  ten  guns  in  all.  There  were 
fourteen  hands  on  board  the  'Thornton  altogether,  including  two  Indiana;  nine  white 
men  and  a  Chinese  cook  were  sent  to  San  Francisco  and  there  discharged;  two  white 
men  and  two  Indians  were  left  on  board  the  schooner  at  Ounalaska ;  wis  were  5  or  ti 
miles  from  the  Carolina  at  the  time  we  were  seized.  I  saw  no  other  vessel  in  sight 
at  the  time  ;  we  were  never  in  sight  of  land  during  the  whole  time  we  were  sealing. 
And  1  make  this  declaration  conscientiously,  believing  the  same  to  be  true,  by  virtue 
of  the  act  passed  in  the  thirty-seventh  year  of  Her  Majesty's  reign,  intituled  "An  act 
for  the  supjn'cssiou  of  voluntary  and  extra-Juilicial  oaths." 

John  (his  x  mark)  Dallas. 

Taken  and  declared  before  me  .it  Victoria  this  SHd  day  of  August,  18SG,  the  same 
having  been  liist  read  over  to  him. 

M.  W.  Ttuwiutt  Drakk, 

Justice  of  the  I'eace. 


.SK.VL    FISUKKIF.S    IN    BERING    SEA. 


125 


Ih'ponH'ion  of  ll'illiiiin  Miiiisir. 

I,  WilliiUM  Miinsit',  oC  X'it'torin,  j^riirer,  do  solcinnly  and  Hiiifcrcly  dcclari'  lliat  I  am 
the  Koli^  owner  of  llit^  Mclioont-r  ('arnHiKi,  and  she  lias  a  ( 'anadian  n-^jisttT,  iiavin;^  hi'vu 
rr^iistiTcd  at  tlio  iioit  of  Victoiia  ;  Ilic  vessel  atid  lici-  onllit  at  tlit^  liniii  sin-  leCt  for 
r>clirin;^  Sea  was  S7.(MI()  And  I  niaki'  this  soltMnn  doclaralion,  consciciitionsly  bolicn'- 
in;i  thf  same  to  lie  trui',  l>y  virtue  of  tin'  aet  passed  in  tin-  lliirty-seventli  year  of  Her 
-Majesty's  rei;^n,  intituled  "An  act  for  tlie  isuiniressiiui  of  voluntary  and  extrajudicial 
oatlis." 

AVm.    MfNSIK. 

Taken  and  deelared  lieforo  »ip  at  N'icloria  tins  '2'.'>d  Auf^ust,  If^'^i't. 

M.  \V.  TvKWiirtT  DiiAKK, 

•fuhttcc  (if  tilt'  I'luri'. 

DepoiiUion  of  Tlioman  McLardij. 

■  I,  Thomas  McLardy,  of  Vifjtoria,  ISritish  Columbia,  coidt,  do  solemnly  and  slncfroly 
declare  that  I  was  enj{a<;ed  as  cook  on  l)oard  the  Kritisli  schooner  ('oroVmn.  I  wa* 
(Ml  board  when  the  United  States  steamer  Corwiii  seized  her.  During  Iht!  whole  tinm 
the  said  schooner  was  scaliiifj  she  never  siffhted  land  once.  After  she  was  s»,'ized  the 
Curithi  took  her  in  tow,  about  (i  o'clock  in  the  eveninj;,  and  about  ■{  o'clock  in  the 
niorninj;  the  En<ilish  schooner  Onward,  of  the  tomnijife  'A'>.'2(>  tons,  was  also  seized  and 
taken  in  tow  to  ()onalaska.  Her  crtiw  were  left  on  board,  and  not  renH>ved  to  Sau 
I-'rancisco.  She  ha<l  seal  skins  on  board.  And  I  make  this  s(demn  declaration,  con- 
scientiously believinff  the  same  to  be  true,  by  virtue  of  the  act  passed  in  the  thirty- 
seventh  yt^ar  of  Her  Majesty's  reiyn,  intituled  "'An  act  for  the  su[iprcssion  of  volun- 
tarv  and  extrajudicial  oaths." 

~  ,  T.  McLai!1)V. 


Taken  and  declared  bc'fore  me  this  "JI]!!  An 


*,  l."'^('),  at  Vict<iria,  Ihitish  Columbia. 
M.  W.  TvitwiiiiT  Ukakk, 

./iixIUt  of  the  J'tace. 


])t'])Of<ilioii  of  luhrard  Shirldn. 


I,  Edward  Shields,  of  Took(5  district,  Vancouver  Island,  a  hunter  enf^a;:^*''^  on  board 
the  Hritish  schoont^r  rrtro/i»((,  of  ;>l.l)(l  reiL;ist'-red  tounaj;e,  tlo  solemnly  and  sincerely 
declare  that  1  lel"t  A'ictoria  on  board  the  aforesaid  schooner  on  tin;  20th  Slay,  lp!ri(), 
bound  on  a  voyage  to  IJehrin<^  Sea  i'or  the  purpose  of  sealiuf^.  The  schooner  was  litted 
out  for  this  purpose;  she  had  eleven  hands  on  board,  including;  the  master,  by  name 
James  Ojjilvie.  We  sailed  to  liehriiiLC  Sea  and  commenced  sealing  on  the  l'<th  .lune. 
and  at  that  tiuio  we  were  about  :iUO  miles  from  laud,  and  we  continued  cruising  about 
for  seals,  and  up  to  the  time  the  I'nited  States  vi-ssel  roriciH  seized  us  we  had  ()H(i 
seals;  during  the  vvliole  time  we  were  cruising  about  we  were  in  the  open  seas,  out  of 
sight  of  any  laud  ;  the  seals  vvc  obtained  were  chiefly  females;  at  the  time  the  Cor- 
trin  seized  us,  on  the  1st  of- August,  we  were  out  of  sight  of  land  and  in  latitude 
b^t'^  50' N.,  longitude  ItiH^  5;$'  W.,  as  1  was  informed  and  verily  believe.  Tliere  were 
other  vessels,  both  American  ami  English,  cruising  about  in  the  same  neighborhood  ; 
we  never  killed  a  seal  in  the  neighboriiood  of  the  Aleutian  Islands.  I  was  away  in 
the  boats  when  the  Coririii  seized  the  vessel,  and  when  I  came  back  I  found  the  Caro- 
lina in  tow  of  the  Corwin.  The  captain  of  the  L'orwiii,  Abl)ey  by  name,  took  away  all 
the  fire-arms,  consisting  of  rilles  and  shotguns,  ten  in  all,  and  I  was  taken  to  Oona- 
laska,  and  from  there  I  was  taken  to  San  Francisco  by  the  steamer  St.  Paul,  and  there 
turned  adrift.  'J'he  Carolina  was  left  at  Oonaiaska  with  the  seals  and  ontiit.  And  I 
make  this  declaration,  conscientiously  believing  the  same  to  be  true,  by  virtue  of  the 
act  ])assed  in  the  thirty-eighth  year  of  Her  Majesty's  reign,  intituled  "An  act  for 
the  suppression  of  voluntary  and  exirajudicdal  oaths." 

Edwaki)  SiUKr.ns. 

Taken  and  declared  before  me,  at  Victoria,  this  2".d  day  of  August,  ISSf!,  in  duo 
form  of  law. 

M.  W.  TvRwiUTT  Dhakk, 

Juxlicc  of  the  I'vace. 


12G 


SEAL    FISHERIES    IN    HERING    SEA. 


No.  111. 
The  administrator  to  Sir  L.    West. 

Halifax,  Nova  Scotia,  Sejti.mhcr  28,  1886. 

Sir:  I  have  the  honor  to  forward  lor  your  information  a  coi)y  of  an 
approved  report  of  a  committee  of  the  privy  council,  submitting  letters 
and  depositions  from  some  of  the  masters  and  crews  of  the  Canadian 
schooners  Ontcard,  Thornton^  and  Carolina,  relative  to  the  seizure  of 
those  vessels  in  IJehring  Sea  by  the  United  States  revenue-cutter 
Coru'in,  and  their  subsetjuent  detention  at  the  port  of  Oonalaska,  in  the 
Territory  of  Alaska. 

1  have  communicated  a  copy  of  this  order  in  councd  and  accompany- 
in},'  papers  to  tiie  secretary  of  state  for  the  colonies,  lor  transmission 
to  the  foreign  ollice. 
I,  have,  etc., 

A.   KUSSELL, 


Minister  at  Washington 


'Administrator. 


No.  112. 


The  adminiiitrator  to  Sir  L.  West. 

Halifax,  Nova  Scotia,  September  28,  1880. 

Sir  :  With  reference  to  my  dispatch  No.  15  of  this  day's  date  I  have 
the  honor  to  forward  for  your  information  a  copy  of  an  approved  re- 
port of  a  committee  of  the  privy  council,  to  which  is  appended  a  report 
by  my  minister  of  marine  and  fisheries,  upon  which  my  telegram  of  the 
■22d  instant  was  founded,  relative  to  the  seizure  of  the  Canadian  schooners 
Thornton,  Onward,  and  Carolina,  on  the  1st  August  last,  by  the  United 
States  revenue-cutter  Cor  win,  in  Behring  Sea. 

I  have  communicated  a  copy  of  this  minute  of  council,  with  the  an- 
nexed report  of  the  minister  of  marine  and  fisheries,  to  the  secretary  of 
•state  for  the  colonies. 
I  have,  etc., 

A.  Russell, 

Minister  at  Washington.  Administrator. 


No.  113. 


Sir  L.   West  to  the  administrator. 

Washington,  October  4,  1880. 

My  Lord:  I  have  the  honor  to  acknowledge  the  receipt  of  your  lord- 
ship's dispatches  Nos.  15  and  16  of  the  28th  ultimo,  inclosing  copies  of 
approved  reports  of  a  committee  of  the  privy  council  relative  to  the 
seizure  of  the  Canadian  schooners  Onward,  Thornton,  and  Carolina,  by 
■the  United  States  revenue  cutter  Corwin,  in  Behring  Sea. 
I  have,  etc., 

L.  S.  Sackville  West. 
Jjord  Alexander  Uussell. 


SEAL    FISHERIES    IX    HEIJIXG    SEA.  127 

No.  114. 

Mr.  Stanhope  to  ihe  adm'mhtrntor. 

Downing  Street,  October  25,  188G. 
My  Loud  :  With  rcft'ioiu'e  to  ])rovious  oorii'spoiKlenco  respt'ctiiiff 
tlie  seizure  of  Canadian  sealing;  schooners  in  Jielirinfj  Sea  I  have  the 
honor  to  inform  you  tliat  Her  JMajesty's  minister  at  Washington  has 
been  instructed  by  telejiruph  to  protest,  in  the  name  of  Her  Majesty's 
Government,  against  this  action  on  the  part  of  the  United  States  cruiser, 
and  to  reserve  all  rifjhts  to  compensation. 

I  inclose,  for  communication  to  your  Government,  si  copy  of  a  dis- 
patch, with  its  inclosure,  which  has  been  received  at  the  foreifjn  oHice 
from  Sir  L.  West  on  the  subject. 
I  bave,  etc., 

ICdward  Stanhope. 
The  O^icer  Administering  the  Oovernmenf  of  Canada. 


No.  115. 
The  Earl  of  Iddeskigh  to  Sir  L.  ^^e,s^  (Mnber  30,  188G. 
(Omitted  here,  being  printed  supra,  No.  3.) 


No.  IIG. 
Lord  Lansdowne  to  Mr.  Stanhope. 

[Tflesiara  to  the  secretary  of  state  for  the  colonies  on  the  27th  November,  1880.) 

Vessels  are  now  being  equipped  in  British  Columbia  for  fishing  in 
Behring  Sea,  and  intend  to  start  about  the  10th  of  December.  Can 
:j  ou  obtain  any  assurance  as  to  whether  the  vessels  will  be  exposed  to 
seizure  by  United  States  cruisers  ?    They  do  not  intend  to  fish  near  land. 

Lansdowne. 


No.  117. 
Lord  fjansdoinie  to  Mr.  Stanhope. 

Ottawa,  November  29,  1886. 

Sir  :  I  have  the  honor  to  inclose  herewith  copy  of  an  approved  report 
•of  my  privy  council,  dealing  with  the  recent  seizure  of  the  Canadian 
schooners  Carolina,  Oniiard,  and  Thornton  by  the  United  States  reve- 
nue steamer  Corwin,  while  fishing  for  seals  in  Behring  Sea. 

The  statements  contained  in  the  report  aresuflacient  to  establish  that 
the  claim  now  put  forward  on  the  part  of  the  United  States,  to  the  sole 
right  of  taking  fur  bearing  animals  within  the  limits  laid  down  in  the 


'■*  \.: 


^n 


128 


SKAL    FI.SIIKRIKS    IN    UERIXO    SKA. 


first  article  of  llie  treaty  of  l.S(S7,  is  inconsistent  with  llie  li^^'lits  secured 
to  (Ireat  JJritain  nnder  tlie  (convention  of  182"),  and  is  in  snl)stunce  tlie 
same  as  that  wliicii,  when  advanced  l>y  tlie  Itiissian  (rovernnient  on 
<lilferent  occasions  ]>rior  to  tlu^  cession  of  Alaska  by  Knssiiv  to  the 
United  States,  was  either  strennonsly  resisted  or  treated  with  ridicule 
and  contenipr  by  the  (lovernineiit  of  the  latter  ]»ower. 

It  is  impossible  to  believe!  that  when,  by  the  convention  of  1825,  it 
was  a;;reed  that  the  subjects  of  (Jieat  Jiritain,  asoiie  of  the  (jontractin^ 
parties,  shoiihl  not  be  "  troubled  or  molested  in  any  i)art  of  the  ocean 
(M)inmonly  called  the  J'actillc  Ocean,  either  in  navigating  the  same  or  in 
lishing  theiein,"  any  reservation  was  intended  with  regard  to  that  part 
of  the  Pacific;  Ocean  known  as  Jiehring  Sea.  The  whole  course  of  the 
negotiations  by  whicn  this  convention  and  that  between  Itnssia  and  the 
fJnite«l  States,  of  the  same  year,  were  prece<le(l — negotiations  which,  as 
])ointed  out  in  the  report,  arose  out  of  conflicting  claims  to  these  very 
waters — points  to  the  contrary  conclusion.  It  would,  indeed,  bo  difti- 
t!ult  to  condemn  the  ))resent  pretensions  of  the  United  States  authori- 
ties in  language  more  convincing  or  emphatic  than  that  which,  while 
those  negotiations  were  in  i)rogress,  was  used  by  Mr.  Middleton,  then 
Russian  minister  iit  St.  I'etersburg,  in  his  memo.  «lated  13th  Decem- 
ber, 1823.  ( I7f/e  American  State  Papers,  Foreign  Relations,  Vol.  V. 
Xo.  384.) 

It  is  laid  down  in  that  memorandum  that  "the  existence  of  territorial 
rights  to  the  distance  of  100  miles  from  the  coasts  u])on  two  opposite 
continents,  and  the  prohibition  of  approaching  to  tlie  same  distance 
from  these  coasts,  or  from  those  of  all  the  intervening  islands,  are  in- 
novations in  the  law  of  nations  and  measures  unexample<l.  It  must 
thus  be  imagined  that  this  i)rohibition  bearing  the  jtains  of  confiscation 
ai)plies  to  a  long  lino  of  coasts  with  the  intermediate  islands  situate 
in  the  vast  seas  where  the  navigation  is  subject  to  innumerable 
and  unknown  difliculties,  and  where  the  chief  emi)loyment,  which  is 
the  whale  fishery,  can  not  be  compatible  with  a  regulated  and  well 
determined  course."  Mr.  IMiddleton  added  "that  universal  usage, 
which  has  obtained  the  force  of  law,  has  established  for  all  the  coasts 
an  accessory  limit  of  a  moderate  distance  which  is  suflicient  for  the 
security  of  the  country  and  for  the  commerce  of  its  inhabitants,  but 
which  lays  no  restraint  ujion  the  universal  rights  of  nations,  nor  upon 
the  freedom  of  commerce  and  navigation." 

Under  the  treaty  of  18G7  Russia  ceded  to  the  United  States  "all  the 
rights,  franchises  and  privileges"  then  belonging  to  her  in  the  territory 
or  dominion  included  within  the  limits  described  (?'idt' Art.  VI),  but 
could  not  cede  aright  which,  in  the  express  terms  of  the  treaty  of  1825, 
was  recognized  as  belonging  to  the  subjects  of  the  British  Crown  as  well 
as  to  those  of  Russia. 

This  is,  as  far  as  I  have  been  able  to  ascertain,  the  first  occasion  upon 
which  claims  of  the  kind  now  advanced  have  been  enforced.  Sealing 
vessels  from  British  Columbia  have  for  some  years  past  frequented  the 
waters  of  Rehring  Sea  without  molestation,  and  a  letter,  of  which  I  in- 
close a  copy,  addressed  by  Mr.  William  Munsie,  of  Victoria,  British 
Columbia,  to  my  minister  of  marine  and  fisheries,  shows  how  serious  will 
be  thoeflectsof  this  interference  upon  a  well-established  and  important 
industry,  in  which  many  British  subjects  luive  a  substantial  interest. 

It  is,  I  think,  worth  while  to  contrast  the  claims  now  urged  by  the 
Government  of  the  United  States  to  exclusive  control  over  a  i)art  of  the 
Pacific  Ocean,  the  distance  between  the  shores  of  which  is,  as  was 
pointed  out  by  Mr.  Adams  in  1822,  not  less  than  4,000  miles,  with  the 


SEAL    FISHKRIES    IN    HKRINU    SEA. 


129 


indignant  reiin)r'striineeH  recently  made  by  Mr.  Hayard  against  the 
action  of  tiie  Canadian  authoritieis  in  warning;  United  States  fishing 
vessels  from  entering  tlie  territorial  waters  of  the  Dominion  at  points 
where  those  waters  were  only  a  few  miles  in  width,  and  throughout 
their  whole  extent  in  (dose  proximity  to  Canadian  territory. 

A  warning  of  this  kind  when  given  in  respect  of  the  Hay  des  (Mialeiirs, 
which  measures  about  eighteen  miles  at  its  mouth,  was  stigmatizetl  by 
Mr.  Bayanl  in  his  despatch  of  .lune  14,  ISSfJ,  as  a '' wholly  unwarranted 
pretension  of  extraterritorial  authority,"  and  as  an  "interference  with 
the  un(iuestionable  rights  of  the  Ameri(!iui  (islicrmen  to  j)ursue  their 
business  without  molestation  at  any  point  not  within  •'{  marine  miles 
of  the  shores." 

1  would  also  draw  your  attention  especially  to  the  great  hardships 
occasi()ued  to  the  owners  and  crews  of  the  seized  vessels,  l>y  the  con- 
fiscation of  their  catch,  and  by  the  imprisonment  of  some  of  the  per- 
sons on  boanl  of  them. 

1  understand  that  owing  to  the  amount  of  the  lines  imposed,  which 
were  so  heavy  that  the  owners  have  decline<l  to  pay  them,  the  captains 
and  mates  of  the  seized  vessels,  though  originally  sentenced  to  thirty 
days'  imprisonment  (a  term  which  has  long  since  expired),  are  still  de- 
taiiH'd. 

1  may  add,  in  explanation  of  the  (joncluding  passage  in  Mr.  Munsie's 
letter,  that  Mr.  Ogilvie,  the  cai>tain  of  the  Carolina,  whih^  waiting  at 
Oonalaska  for  the  trial  of  his  vessel,  wandered  otf  into  the  Woods,  in 
which  it  appears,  from  Mr.  Munsie's  stateuuMit,  that  he  must  have  i)er- 
ished. 

Lanixsdow.ne. 

The  Kight  Uon.  Edward  Stanhope,  etc. 


Iliicloaiire  1.1 

Certified  copy  of  a  report  of  a  committee  of  the  honorable  the  priri/  voniicil  for  Canada, 
approved  by  lug  excellency  the  governor  general  in  council  on  the  'Z\)th  November,  Ir'dCi. 

Tho  coiiimittoo  of  the  privy  council  luive  liart  lUKhir  coiiHldoration  acommiiiiiciitiou 
from  Mr.  E.  C.  Bak(!r,  M.  P.,  urcHident  of  tlic  Uritisli  C()luinl)ia  JJoard  of  Trad*-,  triuis- 
initting  a  letter  from  Mr.  Theodore  Liihbe,  tlie  iiiaiiaginjj;  owner  of  the  Hritisli  Co- 
lumbia sealing  tleet,  asking  information  as  to  the  United  States  claim  to  the  easterly 
half  of  Behriugs  Sea  as  AmcMiean  watius.  And  also  a  despatch,  dated  "Jtitli  August 
last,  from  the  lient.  Jiovernor  of  Hritish  Colninhia,  advising  of  the  seizure  of  tho 
Canadian  schooners  Carolina  and  Thornton  i»y  tho  United  States  revenue  steamer 
Corwin,  wliile  engagt'<l  in  sealing  in  Jiehrings  Sea.  Also  copy  of  a  letter  from  Daniel 
Munroe,  master  of  the  (Canadian  sealing  scliooner  Onward,  which  has  l)een  already 
forwarded  l»y  his  excelh;ncy  the  governor  general  to  the  colonial  ollice  and  to  Her  Maj- 
esty's minister  at  Washington. 

The  subcommittee  of  council,  to  whom  tho  papers  w<ne  referred,  observes  that  it 
appears  that  the  schooiu'rs  mentioned  were  C  madi  vessels  litted  out  for  the  capt- 
ure of  seals  in  the  North  VaciKc  Ocean  adjacent  to  Vancouver  Island,  Queen  Char- 
lotte Island,  and  Alaska;  that  they  were  peaceably  pursuing  thtMr  avocations  on  the 
high  seas  at  a  distance  of  some  TO  miles  from  the  nearest  island,  and  more  than  one 
hundred  miles  from  the  nearest  mainland  ;  that  they  were  taken  [tossession  of  by  the 
United  States  revenue-cutter  Corwin  on  the  lirst  of  August  last  and  towed  to  tho  port 
of  Oonalaska. 

The  crews  of  tho  Thornton  and  Carolina  (with  the  exce])tioii  of  the  captain  and  one 
man  on  each  vessel,  who  were  detained  at  Oonalaska)  were  sent  by  steamer  to  San 
Francisco  and  there  turned  adrift,  while  the  men  of  the  Onward  were  kept  at  Oona- 
laska. The  schooners  and  the  seals  found  on  board  of  them  wtjr  >  also  detained  by  the 
United  States  authorities. 

The  authority  under  which  these  seizures  were  made  is  apparently :  (1)  A  letter 
of  instruction  from  the  Acting  Secretary  of  the  Treasury  of  the  United  States  to  Mr. 

8.  Ex.  106 9 


130 


SEAL    FISIIKRIKS    IN    BKRINO    SEA. 


D'AiKonn,  (lie  ((tllcctor  of  niNtoiiis  at  Sail  Francisco,  dated  liifli  Mnrcli,  IHHl,  wjtli 
encloMiircN  (A  of  the  appciKlix).  {'J)  A  letter  from  tlie  Secretary  of  tlit'  United  KtatcH 
TreiiMiir.v  to  tlie  collector  ot  (iMt.  nm  at  San  rrancJNco,  dated  Kitli  Mardi,  iHHti,  con- 
tiiniin^  tlie  InMi ructions  ^ivcn  to  Mr.  D'Ancona  in  iff\,  and  ordering  ]inldication  of 
the  .same  (H  of  apiicndix ).  (U)  'I'he  K'e  vised  Statnt»H  ot  the  I'nitcd  StatcH,  the  l.V.MItli 
Hcction  of  \vhi<-li  prohiliitN  the  killing  of  tnr-l>carin^  animals  within  the  limits  of 
Alaska  Teriilory,  or  in  the  waters  thereof,  and  the  sc<tions  liHiti  anil  I'.ttll  of  which 
])rohil>it  the  killing  of  male  si-al  excejit  at  e«-rtain  times  and  nndcr  certain  restrictions, 
and  of  temale  seals  at  any  time,  n|)on  th<^  ishimis  of  St.  I'anI  and  St.  (leor^e,  or  in 
the  waters  adjacent  thereto. 

'I"he  ma.'';lcr  and  mati-  of  the  schooinT  7'/i«n(/(j»(  were  sn1ise(|Mently  (IMth  Anjjnst 
hist)  lironyht  for  trial  hefoie  .ln<l;;e  Dawson,  in  the  I'nitcd  Strifes  district  conrt  at 
Sitka. 

'1  he  evidence  j'i\eii  hy  the  otiieers  of  th(>  Initcd  Stales  revenne-cnttcr  Conciii  was 
to  the  eflcct  that  the  'J  hiinilini  was  .-ci/ed  while  in  itchriiijrs  .Sea,  ahont  (!0  or  70  miles 
SSI'.,  of  St,  Geor<;e  Island,  for  the  cflcnKc  of  Inintinj;'  and  killiiif^  seals  within  that 
y\rt  of  Hchrinjis  Sea  which  was  ceded  to  the  I'nitcil  Slates  hy  Knssia  in  lH(i7.  The 
judye,  in  his  chiir^re  to  the  Jnry,  (|note<l  the  tirst  iirticlc  of  the  treaty  id' thelUlth  March, 
1H()7,  lietwecn  K'lissia  an<l  the  I'liited  States,  in  which  the  Ixmndary  ol  Alaska  Ih  de- 
iln('(l  as  follows : 

"'llie  western  limit,  within  which  the  territories  and  dominions  conveyed  aro  con- 
tained, passes  tliroujih  a  point  in  Hchriny  Straits, on  the  parallel  cd' sixty-live  de^iret  s 
thirty  miiniles  north  latitude,  at  its  intersection  liy  the  meiidian,  whii-li  pas.st's  mid- 
W'a.v  hctwcen  the  island  of  Kinscnsiern  or  (ijinalooU  and  the  island  <d'  ItatmaiKdV  or 
Noonaihrouk,  and  inoeieds  dne  north,  wilhniii  limitation,  it, to  the  same  l-'ro/en 
Ocean,  i'lie  siinie  western  limit.  lie^iinninL:  at  the  same  initial  jioint,  procetds  then 
in  a  strai;;lit  coirMi  ,  ncinly  sonlh'' est.  ihroiiyh  I'lchiinj;  Siiaits  and  lielirinjj;  >*>ea,  so 
as  to  p;iss  midway  lietwon  llie  norlliwesi  point  of  the  island  of  St.  Liiwrcnee  and 
the  soiitlieasi  ]ioiiit  (d  ('ape  t'lionk(d.->ki,  to  tin'  meridian  of  one  hundred  and  seventy- 
two  west  lun^ilndc;  thence  from  I  he  intci'sectioiMd' that  meridian  in  :i  sonthwcsttM'ly 
direction,  so  as  to  pass  midway  hetween  the  island  (d'  Ullon  and  the  ('o|)per  Island 
of  the  Korniandorski  C.'onplel  or  yronp,  in  the  .North  I'acilic  Ocean,  to  the  meridian 
of  one  hundred  and  ninety-three  de;L;i'ees  west  lonj^itudi',  so  as  to  include  in  the  terri- 
tory conveyed  the  whole  (dthe  Alcnlian  IsLinds  east  cd'  the  ni<'ridian'"  (Kxecutive 
Docnmcnts,  'inil  session,   U'th  Connress,  \'oI.  1!!,  Oocnnient  177.) 

The  Judf;e  is  reported  to  ha\  e  fione  on  to  say: 

"All  tht^  waters  within  the  hoiindiiry  set  forth  in  this  treaty  to  the  western  end  of 
the  Aleutian  Arehiiiela-^o  and  (di;iiu  id'  islands  ;ire  to  he  considered  as  comprised 
within  t'.e  w;iterK(d' Alaska,  and  all  the  peiuillics  prescrihed  hy  law  a;;ainst  the  kill- 
ing of  fni-heai  in«;-  aidmals  must  therefore-  attach  ajj;ainst  any  violation  of  law  within 
tho  Hunts  hefore  deserihed 

•' If,  then-lore,  the  jury  lulicve  from  the  evidence-  that  the  defendantH  did  hy  them- 
selves or  in  conjunction  witli  others  on  or  ahont  the  tinn- charjied  in  the  infornnitinn 
kill  any  otter,  nnnk,  martin,  sable,  oi-  fur-seal,  or  otln-r  fur-hearinj;  aiiinnd  or  ani- 
nuils  on  the  shoi'cs  of  Alaska  oi-  in  the  I$ehrinjj;s  S(-a  east  of  the  one  hundred  and 
ninety-third  'U-fiiee  of  west  lon}.!;itnde,  the  jnry  should  find  tlu<  defendants  <j;nilty, 
and  as.sess  their  jmnishment  ,sei)arately,  at  a  line  of  not  less  than  !?200  nor  more  than 
.tl,iK'l',  or  imprisonment  not  nionj  than  six  months,  or  hy  both,  such  lines  within  the 
limits  herein  set  forth,  and  imprisonment." 

The  Jury  found  the  jtrisoncrs  jjiiilty,  and  the  master  of  the  Thornlon  was  sentenced 
to  thirty  days'  imprisonment  ami  to  ftay  a  tine  of.^riOU,  while  the  unite  wassenteiieeil 
to  a  like  term  of  imi>ri.sonment  and  to  pay  a  tine  of  fliuO.  It  apiiears  from  a  tele- 
fiiaphic  despatch  of  the  18ih  of  September  last,  that  the  nnisters  -md  mates  of  the 
OiiUaid  and.  Carohnn  have  since  also  been  tried  and  sentenced  to  undergo  penalties 
similar  to  those  inllicted  on  the  niast«'r  and  unite  of  the  Thornton. 

The  subcommittee  do  not  here  ^iropose  to  ci'iame  ton  the  enlarged  constrnction 
idaced  hy  Judge  Dawson  ou  thb  words  "adjaceni  waters"  iu  the  clauses  of  the  Re- 
vised Statutes  above  referred  to,  further  tlia"  l(  remark  in  passing  that  its  effects 
would  be  to  convert  a  ])urely  inuuicipal  prohibition  into  an  international  obligation, 
and  to  claim  for  the  United  States  a  jurisdiction  which  their  Government  have  in 
the  p;!st  not  only  <lecliued  themselves  to  assert,  but  which  they  have  strenuously 
resisted  when  claimed  by  another  power. 

The  following  brief  instance  w  ill  illustr.Tte  the  po.sition  taken  by  the  United  States 
Govcrnnent  in  the  niceiit  past: 

As  late  as  the  lUth  April,  lr"7"2,  Mr.  Boutwell,  then  Secretary  of  the  United  States 
Treasury,  in  answer  to  a  reipiest  made?  to  him  that  a  revenue  cutter  should  be  sent 
to  the  region  of  the  Unimak  Pass  to  jtrevent  Australian  and  Hawaiian  vessels  from 
taking  seals  on  their  annual  migration  to  the  islands  of  St.  Paul  and  St.  George, 
declined  to  accede  to  the  request  and  added  : 

"  In  addition  I  do  not  see  that  tlie  United  States  would  have  jurisdiction  or  power 


IHHl.  with 
litcd  StiitcH 
,  iHHd,  loii- 
lilicatioii  of 

I  ho  l.V.ttltli 
r  liiiiitH  of 
i1  of  which 
CMlrictioiis, 
MtrfU',  or  ill 

;Uh  AiiKiiNt 
i»t  court  at 

Conriii  wan 
or  70  inihs 

vithiii  timt 
lHi7.     Till' 

U)th  March. 

laska  is  (h-- 

•c(l  aro  coii- 
livc«lc;;r«'iH 
])asHt's  iiiid- 
itiiiaiiotV  or 
line  Kro/cii 
i)cc(  (Is  then 
riiij;  Sra,  so 
wrciict'  ami 
11(1  scvciily- 
ithwcsti'i'ly 
plicr  Isjaiiil 
ic  iDcridiiiii 
ill  the  tcrri- 
( Executive 


(tern  eiiil  of 
coiiijiriKcil 
st  the  kill- 
law  within 

d  hy  tlieni- 
iiforniatiou 
iial  or  iini- 
iiidred  and 
Lilts  gnilty, 
nioro  than 
within  the 

8  sentenced 
s sentenced 
roni  a  tele- 
lates  of  the 
;o  penalties 

onstrnctlon 
of  the  Re- 
t  its  effects 
oblijjatiou, 
lit  have  in 
jtrennously 

lited  States 

iteil  States 
•uld  be  sent 
fessels  from 

St.  George, 

>u  or  power 


. 


HKAL    FiailKlffKS    IN    HKRING    SKA. 


131 


to  drl\ 


)  drive  otV  ]iarties  guiii^  iiji  I  here  for  tliat  piir|Misi',  unless  they  made  siwh  iittemptH 
within  II  murine  league  of  the  shore." 

Uoiiii;  further  liuek  in  date  the  Hiiluomiiiittee  hud  liiat  in  I'^'i'i  ii  claim  to  hov 
ereiniity  over  the  I'acilic  ((ceiiii  north  of  the  ,Mst  demce  of  latitude  was  put  forward 
by  Kiissiii.  An  impeiiiil  nkase  issiiid  on  I  ho  I  (lii)  Septeuilier,  JH-Jl,  rc;;nlatinK  coin 
iiierce,  \\halinj^  and  lishiiifi  alon;^  the  eastern  coast  of  Siheiia.  the  nortliwesterii 
ccMist  of  North  America,  and  the  Alciiiism  iiiid  oilier  islands,  and  prohihitin^  ail  for- 
eign vcsscIh  from  laiidin;;  on  the  coa.-<t  and  ishiiids  licloii^iii;;  to  Russia,  or  a|tproach- 
iii^  tlieiii  within  less  than  UK)  Italian  miles,  was  commuiiiiwiled  to  the  American  (iov- 
ernniciit  on  the  llth  I'eliriiary,  \f^'2  (('  of  appciMlix), 

The  ifonoralile  .lolin  C^iiiiicy  Adams,  at  lliat  time  I'liited  Slati's  Secretary  of  State, 
wrote  on  the  *J')th  of  the  sameniunili  to  M.  dc  I'olct  lea,  the  i^issian  minister  pleiii- 
potentiaiy,  expressiii^i  the  surprise  ol'  the  I'lcsideiit  (d'  I  he  United  Stales  at  the  asser- 
tion of  a  tcrritoral  (diiim  Ity  Kiissia  extending  to  thr  .Msi  decree  of  north  latitude  on 
this  continent  ;  statin;;  that  the  exclusion  nf  Amiricaii  vessels  fnun  the  shore  beyond 
the  ordinary  distance  to  which  the  territorijvl  jurisdiction  extends  had  excited  still 
greater  surprise,  and  rci|iicsting  an  explanation  of  the  grounds  of  right,  ii|)oii  princi- 
ples generally  recogni/.ed  by  the  laws  and  usages  of  iiutions,  which  would  warrant 
such  claims. 

M.  <le  I'ojetica,  ill  a  ilis|iafcli  dated  l(i  (•!•')  Fel»ru;iry,  H'2'J.  defi-nds  the  prohiliition 

as  designed  to  siip|)ress  the  I'lirnisiiiiig  by  foreigners  of  arms  and  aiiimiiiiit  ion  to  the 

natives  of  li'nssian  Ainericji.     He  adds,  however: 

"  'I'he  extent  of  sea  cd"  which  I  liese  possessions  t'onii  tlw  limits,  <'oinprehendH  all  the 
.......!;»; ...I.:.. I. i ;i..  ..•  i  ....1....1   .....1....  ,.....,...  i... ;...\    1  .1...  i>.....; 


conditions  wiiich  are  ordinarily  attached  to  .shut  scis  (HHr«  /crmc'oi),  and  the  IJiissian 
GovMiimeiit  might  consi'(|iieiit  ly  Jiidgti  il.self  aut  hoi  i/.ed  lo  exercise  upon  this  sea  the 
right  of  sovereignty,  and  esiiecially  thai  of  entirely  inteidiiting  the  entrance  of  t'or- 
eigncrs.     Hut  it  jtreferred  only  as.serting  its  essential  rights,  wilhoiit  taking  any  ad 
vantage  id"  localities." 
Mr.  Adams  deemed  it  a  siitlicient  answei 


aim  to  point  out  tht>  fact  that 

)t  less  than  DO'^ 

■'/•) 


^*ii.A\ii,iiii.~i«it<iiiin    irii.^iiiiK.i^iii     iii«>^>><i      t  yi     iiii.^    11(11111    •<'     iMMiii     «fiii 

"  the  distance  from  shore  to  shore  on  rlns  sea.  in  hit  il  ndi'  ^t\  north,  is  111 
<d' loiigitiiilc.  or  4, ()()(»  miles.     (State  I'aiiers,  \'ol.  '.),  ]t.  471  <l  ni'<i.) 

A  writer  in  the  North  American  IJeview,  in  an  article  pnldished  ;i  few  montlis  later, 
says  with  resiiect  to  Mr.  Adams'  answer:  "A  volume  on  tlu^  subject  could  not  have 
placed  the  .ib.snrditv  (d"the  ]u■eten^ions  uiok?  giaringlv  before  us."  (North  American 
Keview,  Vol.  1.-,,  p.  :\^<J.) 


and  the  prohibition  above  reterred  to  resulted  in  a  treaty  Ixitwecui  the  two  ])owera, 
concluded  on  '28th  Febriiaiy,  l."^"J.'),  and  coiitaiiiiiig  the  fVdlowing  t'-rovision,  in  which 
tlie  right  of  lishing  aiul  navigation  liy  Oieat  I5ritain  in  any  part  of  the  I'acitic  Ocean 
is  recognized  : 

"Jt  is  agreed  that  the  respective  subjects  of  the  high  confracting  parties  shall 
not  be  troubled  or  molested  in  any  pari  of  tim  ocean  commonly  called  tln^  I'acilie 
Ocean,  (dtlun-  in  navigating  the  same,  in  lisliiug  therein,  or  in  landing  at  such  parts 
of  the  coast,  as  sluill  not  liave  been  already  occii|iied,  in  order  to  trade  with  the 
natne.'t  under  llit;  n  <n  iciii.ii.s  .-tiid  coiHlitioiis  specilicd  in  the  following  ai'ticles." 
(State  I'aiiers.  v<.l.  12,  ji.  :!.'-'.) 

So  far  as  the  subcommittee  are  aware  the  claim  was  never  revived  until  it  is  now, 
for  the  lirsl  time,  uul  forward  by  tiie  Inited  Slates. 

It  does  not  apjiear  necessary  to  insist  at  any  great  leiigtii  ihat  the  conditions 
attaching  to  Marht  rlantiii  ciiii  not  by  any  iiossibilily  be  jii edicated  of  Htdiring  Sea, 
and  that  the  seizure  of  Canaui-in  vessels  at  a  <listance  of  over  1(10  miles  from  the 
mainland,  and  70  miles  from  tin:  nearest  island,  constitutes  a  high-handed  extension 
of  maritime  jurisdiction  unprecedeiiied  in  the  law  of  nations;  but  the  subcommittee 
can  not  conclude  without  inviting  the  earnest  attention  of  Her  Jlajesty's  Government 
to  the  fact  that  Canadian  citizens,  seizeil  while  engaged  in  the  pursuit  of  their  lawful 
avocation  upon  the  high  seas,  and  more  than  70  miles  from  the  nearest  land,  have  been 
dragged  before  a  foreign  court,  their  property  contiscated,  and  themselves  thrown  into 
prison,  where  they  still  remain. 


Ml 


^m 


132 


SEAL    FISHERIES    IN   BERING    SEA. 


The  subcommittee  exjiress  their  confident  hope  that  such  represeiitationH  will  \te 
at  once  iiia<le  to  tlie  United  f^tiittK  fiovtrnment  iiN  will  Kccnre  the  iitimediate  release 
of  the  imprisoned  men,  and  (nil  rejiaration  for  nil  Iomhch  and  damage  sustained  hy 
them. 

'i'he  committee  concur  in  the  torcyoinii  rejiort,  and  they  advise  tlint  your  excellency 
be  moved  to  transmit  a  e(i])y  of  this  minute,  if  aiijtroved,  to  the  ri<jht  linn,  the  secre- 
tary of  state  for  (he  c<donies,  and  to  Her  Miijesty's  minister  at  'Waslii'i-ion. 

All  which  is  respectfully  submitted  for  your  excellency's  ajtiiroval. 

J«)iix  J.  McGkk. 
Clerk  I'rivij  Council. 

INDEX  TO  A  PVENDIX. 

A.  Ijcttor  fv  111  the  Actiiij:  Si ciclniy  I'nitcd  Sliitos   'I'roasurv  Deiiiu'liiinit  to  Jlr.  D'Aiicoiia.  tlie  col- 

locldv  111'  ctisfuins  at  Sail  l'"iaiirin(ri.  datid  I'.'tli  Mairli,  IKSl. 

B.  A  lellir  fidiii  the  Si  i  rclarv  nl'  tlir  fiiitcd  Status  'I'lvasiiiy  Ucpartniont  to  tlii>  (■(illrctoi-  >it'  ciisioins 

at  Sail  I'liiiiriMo,  dalcil  Idtli  Maicli,  ISM). 

C.  Kdict  of  His  IiniK  rial  Maji^nty,  aiitin  rat  of  all  tlie  KiiHHias,  dated  4th  SeptemliiT,  'o8(i. 

i  '  Al'l'KNUIX   A. 


Thicasuuy  DKt'AinMKNT,  I2tli  March,  Ifi'Hl. 
D.  A.  D'Ancona, 

717  O'JuirrcIl  street,  San  Francisco,  Cal.  : 

Sir:  Your  letter  of  the  HUli  ult.,  reciuestinj;  certain  information  in  re;;iird  to  the 
meaning  ]iiaeed  by  this  Dejiaitment  u]inn  the  law  reguliiting  the  killing  of  fur-bear- 
ing animals  in  the  'l.'eiiitoiy  of  Alaska,  was  duly  received. 

The  law  iirohibils  the  kiliing'of  any  ftir-beariug  animals,  excejtt  as  Ihereiti  other- 
wise ])ro\  ideii,  \\  itliin  the  limits  of  Alaska  'J'erritory,  or  in  the  waters  the>'eof,  and  also 
])rohiliits  the  killif^  of  any  ftiv  seals  on  the  islands  of  St.  Paul  ami  St.  George,  or  in 
the  wateis  adjacent  thereto,  excejit  during  eiTtain  ninntlis. 

^'oit  iiKiiiire  in  regard  to  the  interjiretat  ion  of  the  teriiis '•  wiitets  thereof "  and 
"wateis  a. I.jiieent  thereto,"  as  use<l  in  the  law,  and  how  far  the  jmisdiction  of  the 
United  .States  is  to  be  nnder.stood  as  extending. 

rresu  III  ing  your  iii(|uity  to  lelale  more  esiieei  ally  to  the  waters  of  western  Aliiska,  you 
are  infbiinid  that  the  treaty  with  llussia  of  lUlth  March,  1-70,  by  which  theTeiritory 
of  Aliiska  \\  as  eedid  to  the  I'nited  States,  <lefiiies  the  boundary  of  the  territory  so 
ceded.  The  treat',  is  found  <in  pnges(i71  to  ()7:5  of  the  volume  of  treaties  of  'le  Re- 
vised Statutes,  it  vvill  be  seen,  tiieretbre,  that  the'  limit  of  tht>  cession  extends  from  a 
line  St. lit  ing  liom  the  Arc'tie  Ocean  aed  .mining  through  lieliring  Straits  to  the  north 
of  the  St.  liawretice  Isliiiids, 

The  line  runs  thi^nee  in  a  south wcteriy  direction,  so  as  to  pass  midway  between 
lite  island  ol  Attan  and  Copjier  Island,  of  the  Koiiuandorski  cou]tlet  or  gnuip,  in  the 
North  racilie  Ocean,  to  meridian  of  17:{degri'es  west  longitude.  All  the  waters  within 
that  boundary  to  the  western  end  of  tlie  Aleutian  Archipelago  and  chain  of  islands  are 
considered  tis  conipi  ised  within  the  watei>  of  Aliiska  'IVrritory. 

All  the  iieiiiilties  prescribed  liy  law  against  the  killing  <if  fur- bearing  jini  mills  would 
therefore  attach  against  any  violation  of  law  \\  ithin  the  limits  befon;  described. 
Very  respectfully, 

H.  F.  FiiENCir, 
Actinfi  iSccntary. 

AlTKNIHX    15. 

TiiKASfiiY  Dkpautmknt,  l(i(/i  March,  I8y<). 

Silt:  1  triinsniit  herewith  tor  your  inloini.'ition  a  copy  of  a  letter  a<l<Iressed  by  the 
Deimrlment  on  I'Jih  Marcii,  IS-j,  to  1).  A.  D'Aiicnna,  eoiu'cining  the  jurisdietion  of 
the  I'nited  Siiiles  in  the  waters  of  the  Teiritoty  of  Ahiska,  uid  the  jirevention  of  the 
killing  of  fur  seals  and  other  fui-liearing  anim.-ils  within  such  art-as,  as  jireseribed  by 
chapter  ',\,  title  "j:!,  of  the  Revised  Stiilutes.  The  attention  of  your  pre<lcces.sor  in 
oflic(>  was  (ailed  to  this  suliject  on  4tli  April,  lr*Hl.  This  communication  is  iiddiossed 
to  you,  iniismnch.as  it  is  umlerstood  that  ceitiiiu  parties  at  your  port  contem]>Iat(^  ti.'^ 
fitting  out  of  exjieditions  to  kill  fur  seals  in  these  waters.  Vou  are  rciinested  to  give 
due  ]iublicity  to  such  letters,  in  older  that  such  parties  may  be  informed  of»tlie  con- 
Btruction  placed  by  tliis  i)epartiiu'nt  on  the  provisions  of  law  referred  to. 

I).  Manning, 

i^ecrctary. 

COIXKCTOK   OK         'STOMS    <»F    SaN    FUANCI8C0. 


SEAL    FLSHEKIES    IN    BEIilNG    SEA. 


133 


)n8  will  he 
ato  release 
stained  by 

txcellency 
.  tlie  seens- 


liKK. 

r  CoinicU. 


•oiin,  tlie  rol- 


vch,  IHHl. 


;iir(l  to  tlio 
i)f  i'lir-bear- 

reiii  otlier- 
t)f,  ami  al.so 
I'oi'ffc,  or  in 

ereof"  aud 
tion  of  the 

Vlaska,  yon 
[cTi  rritory 
itory  !so 
oi     'h?  Re- 
nds iVoui  a 
tlie  north 

y  between 
i)U|>,  in  the 
ers  within 
islands  are 

nals  would 
bed. 

stir, 
ccttlary. 


•ch,  18Ht). 
.scd  by  the 
sdietion  of 
t  ion  of  the 
scribed  by 
lecessor  in 
addiv'ssed 
nplate  ti.'^ 
ed  to  give 
if»tlie  eon- 

lX(f, 

ecrelary. 


> 


Ari'KNi)i\  C. 

KDICT   OF   Ills   IMPKlUAr,   MAJKSTY,    AL  TCtCRAT   Ol"    AT,t.   TICK    RTSSIAS. 

The  directing  senate  niaketh  known  unto  all  men:  Whereas,  in  an  edict  of  ilis 
luijterial  Majesty,  issued  to  the  diiXM^tinj;;  senatt;  on  the  4th  ilay  of  8e|iteniber,  and 
signed  by  His  Inipeiial  Majesty's  own  hand,  it  is  thus  expresset!  ■ 

"  Observing  from  rt^ports  submitted  to  ns,  that  the  tradi^  of  our  Hubjeci."  on  the 
Aleutian  Islands  aud  on  the  northwest  coast  of  AnuMiea  appertaining  unto  Russia  is 
subjected,  because  of  illicit  and  stH'ret  trallie,  to  oppression  and  impedimeufs ;  a,:;d 
iinding  that  the  priiu!i])al  cause  of  these  ilillirulMes  is  the  want  of  lules  establishing 
the  boundaries  for  navigation  along  these  coasts,  ami  the  order  id'  naval  comninni^a- 
tion,  as  well  in  these  tilaecs  as  on  the  wjiolt*  of  the  eastern  coast  of  .Siberia  and  the 
Knrilo  islands,  we  have  detained  it  necessary  to  determine  these  coiuiuunicatious  by 
specilic  regiilati(<iis  which  are  hereto  attached. 

"In  forwarding  these  r(>giilations  to  ;lie  directing  senate,  we  command  that  the 
same  be  imblished  for  universal  iuforii  ation.  and  that  tlit!  proper  measures  be  taken 
to  carry  them  into  exe<utioii. 

"Count  D.  Gukikf, 

"  MiiiiKkr  of  Finances, 

"  It  is  therefore  decreed  by  the  directing  senate,  that  His  Imperial  Majesty's  edict 
be  published  for  the  information  of  all  men,  and  that  the  same  beolieyed  i)y  all  whom 
it  may  concern." 

The  original  is  signed  by  the  directing  senate. 

On  th(!  original  is  written  in  the  haiKlwriting  of  His  Imjierial  Majesty,  thus: 

Be  it  accordingly. 

Al.KXAXDKR. 

"  .Skc  1.  The  pursuits  of  commerce,  whaling,  and  tisliery,  anil  of  all  other  indus- 
try on  all  islands,  jiorts,  and  gulfs,  inehiding  the  whole  of  the  northwest  coast  of 
America,  iteginning  from  Hehring  Stra'ts  to  tiie  filst  of  norther:,  latitude :  also  from 
the  Aleutian  Islands  to  the  eastern  coast  of  .Silieria.  as  well  as  along  the  Kiirile  Isl- 
ands, from  Behriiig  .Straits  to  the  south  c;i]»e  of  the  Island  of  lJru|),  vi/,  to  the  4r> — 
50  novtlieni  latitude,  is  exclusively  granted  to  Russian  siilijeets 

"  Skc. 'i.  It  is  therefore  ])roliil(itcd  to  ail  tbreign  vessels,  not  only  to  land  on  the 
i;oasts  and  islands  lielongiiig  to  Riissl  i.  as  stated  above,  but  also  to  appntaeh  them 
within  less  than  a  hundred  Italian  miles.  The  transgressor's  vcsiiel  is  subject  to  cou- 
liscation,  along  with  the  whole  cargo." 


[liu'losiire  2.] 
^fr.  /ffiAcr  to  the  Secretary  of  State. 

Ottawa,  April  I),  1H86. 

Sir:  I  have  the  honor  to  tr.iusmit  herewith  a  letter  just  received  from  Mr.  Theo- 
dore EublKj,  the  managing  owner  o!  our  British  ("olmiibia  sealing  Meet,  and  <la^"d 
!Wth  ultimo.  The  ncwspa|ier  clipping  attached  thereto  fully  explains  the  matter  <mu- 
bodied  tlierein.  and,  as  will  be  .at  once  seen,  it  is  a  matter  ol'  vital  importanee  to  our 
lisliing  industry  and  commercial  enterprises  gencr.iliy,  that  the  siinie  should  engage 
the  atteutimi  of  the  (iov<'rninent  ill  the  very  eailiesl  jmssilde  moineut,  in  order  that 
the  owners  may  he  apprised  with  as  little  delay  as  possible  how  they  are  to  act. 

I  would  therefore  respectfully  inv'  rhat  tiie  wliolt>  subjci-t  lie  referred  to  his  ex- 
cciieney  tlm  governor-general  in  ,onncil,  so  that  I  may  be  inl'nrmed  .as  ipiickly  as  is 
reasoimbly  possibh^  what  repl;  to  telegraph.  Should  this  mode  of  procedure  be  irreg- 
ular or  uiulesir.'ible,  then  I  would  most  respect  fully  ask  that  sncli  ot  iier  steps  hi;  taken 
in  the  pnuniscs  as  to  yon  may  appear  necessary  or  expedient  so  as  to  avert  trouble  in 
the  (dosely  approaching  season  alluded  to,  and  retnovt!  all  doubt  as  to  the  rights  of 
the  jiarties  on  the  "  high  seas"  m- otherwise  as  may  appear  to  t>e  reasonably  con- 
sistent. 

I  have  the  honor  to  b(>,  sir.  your  most  obedient  servant. 

l'-l>GAlt   t'KuW    BaKKR,  M.  p., 

i'itel'residcnt  liritish  Columbia  Hoard  of  Trade, 
The  Skcretauy  ok  Statk. 


134 


SEAL    FISHERIES   IN    BERING    SEA. 


[Inclo8ur-  3.] 
Mr.  Lubhe  to  Mr.  linker. 

ViCTOKiA,  Bhitisii  CoiX'MniA,  MnJi  :iO,  18(?6. 

Dkah  Sir:  The  inclosod  clipniiijj    xplaiiiH  itHt-lt'. 

Tlie  (lueHtioii  I  wIhIi  to  ank  is,  ciin  ti;'  United  States  claim  tbo  easterly  half  of 
Behriiifjf  Sea  as  "Aineiicim  waters"? 

The  British  schooners  Mnry  EUen,  Favorite,  Onward,  Gracia,  Dolphin,  Ann  Beck, 
Wm.  J'.  Sai/ward,  Mar;/  Taylor,  Caroline,  Alfred  Adams,  and  Active  inti^nd  to  follow 
the  seals  into  Belirinjj;  Sea  at  the  end  of  the  seal-!ishinf;  season,  off  the  British 
Coluiiihia  coast — say  '20th  May  next.  'I'liese  schooners  ."onld  spear  and  shoot  seals 
upon  the  hinh  seas  and  have  no  occasion  to  jjo  within  '.iC  miles  of  any  land.  You 
are  awan;  that  the  British  schooner  Alarii  Ellen  has  already  nui«le  two  snccessful 
voyaj^os  to  Behrinj^  Sea.  The  Favorite  made  also  a  successfnl  voyage  during  18i5. 
Both  these  vessels  were  s))okcn  by  riu  American  revenue-cutter  in  Behring  Sea, 
but  not  in  any  way  molested. 

Would  it  not  Le  well  for  you  to  obtain  from  thi'  minister  of  marine  in  Ottawa 
a  written  ojdiiion,  and  further,  would  you  be  );()od  en(>ujj;h  to  ecunmuiiicate  to  mo 
the  substance  ot  such  ojiiiiion  by  wire  ? 

Please  act  jtromptly  and  oblige. 
Yours,  truly, 

T.  LunuK. 

Mr.  Edgak  Chow  Bakkh,  M.  P., 

Ollawa. 

The  letter  referred  to  iu  my  letter  dated  Ajjril  U,  18'S(i. 

Edgak  Chow  Bakkh,  ^f.  P. 

wahnino  to  skai.  ihnx'khs. 

The  Treasury  Dejiiirtmciit  having  become  informed  that  certain  jKirtics  are  fitting 
out  exi»editioiis  for  the  jiiirpose  of  killing  fur  seals  and  other  fur-lx-aring  animals  in 
Alaskan  waters,  gives  the  following  i!ifnr:i  at  ion  (o  parties  concerned  as  to  how  far 
the  jiirisdictio'i  of  the  United  States  extends  in  the  iiiatter: 


» 


.  ■•  '    »•■.....■.,   .-.    .  ..•     .............. ....,.».    <.'..,...^   .J     ^        ^, 

North  Paciti(!  Ocean,  to  meridian  liK!^  west  loiigiinde.  All  the  waters  within 
that  boundary  to  the  western  end  of  the  Ah'iitian  Archipelago  and  chain  of  islands 
are  considered  as  eoini)rised  within  the  watersof  Alaska  Territory.  All  the  iienalties 
prescribed  by  law  against  i  he  killing  of  fur-bearing  animals  would  therefore  attach 
against  any  violation  of  law  within  the  limits  jiresciibed. 


[Inclufiuro  4.1 
Mr.  Luhhe  to  Mr.  Baker. 

Victoria,  British  Columbia,  April  '2,  1886. 

Dear  Sir  :  The  inclosed  dipping  is  upon  the  same  subject,  hut  more  fully  than  tlie 
one  sent  yon  :?Oth  ultimo. 

Please  attend  to  this  matter  promptly. 
With  regards, 

T.   LUBBE. 

Mr.  Edgar  Crow  Baker, 

Ottawa. 


The  "Alaska  Commercial  Company  "  is  evidently  pulling  the  wires. 


T.  L. 


SEAL    FISHERIES    IN    BERING   SEA. 


135 


ALASKA   8KAL  CATCHING. 


10,  18l?6. 

■ly  half  of 

4nn  Beck, 
to  follow 
ie  Hritish 
hoot  peals 
mil.  Yoii 
sTicce.s.sfiiI 
riiij;  18io. 
iriiig  Soa, 

11  Ottawa 
ate  to  me 


LURBK. 


The  story  goes  that  some  poachers  were  tittiug  out  in  this  port  to  kill  seals  on  the 
Federal  preserves  in  Alaskan  waters.  To  warn  all  such  parties,  Secretary  Manning 
addressed  the  following  note  to  Collector  Hager  : 

Trkasury  Depaktmrxt, 

M-rch  (),  I88t). 

Siu:  I  transmit  herewith  for  yonr  information  a  copy  of  a  letter  addre.ssed  Iiy  the 
Department  on  the  12th  March,  1881,  to  D.  A.  D'Ancona,  coiiconiing  th«!Juri(<diction  of 
the  United  States  in  tlie  waters  of  the  Territory  of  Alaska  and  the  prevention  of  the 
killing  of  fur  seals  and  other  fnr-ltearing  animal  within  such  areas  as  pi'f'it'rilied  by 
chapter  3,  title  2.'},  of  the  Revised  Statutes.  The  attention  of  your  predecessor  in  oftice 
was  called  to  this  subject  on  the  4th  April,  1881.  This  comniunication  is  addrt'ssed  to 
you  inasmuch  as  it  is  understood  that  certain  parties  at  ymir  port  contemplate  the 
fitting  out  of  expeditions  to  kill  fur  seals  in  tluise  waters.  You  are  reciiu'sted  to  give 
due  i»ublicity  to  such  letters,  in  order  that  such  parties  may  bo  inlormed  of  tbe  cou- 
struction  placed  by  this  Departiueut  upon  the  provision  of  law  referred  to. 
Respectfully,  yours, 

D.  Manning, 

Secretari/. 

CoLLECTCu  oi   Customs, 

San  Francisco. 


;.   M.  r. 


are  fitting 
minials  iu 
to  how  far 

laska  was 
It  will  be 
the  Arctic 
e  Islands. 
tween  the 
II)),  in  the 
rs  within 
of  islands 
!  penalties 
Die  attach 


2,  1866. 
y  than  th» 


LUBBE. 


T.  L. 


I 


Upon  reference  to  hack  files  we  find  the  full  explanation  of  this  note  in  the  letter 
referred  to,  which  is  as  follows  : 

TuEASiuY  Dkpahtmknt, 

March  1-2,  1881. 

Sir:  Your  letter  of  the  19th  ultimo,  requesting  certain  information  in  regard  to  the 
meaning  placed  by  this  Deiiartinent  u]>oii  the  law  n-gulating  the  killing  of  fur-b<aring 
auimals  in  the  Tcirirory  of  Alaska,  was  duly  received. 

The  law  prohibits  the  killingof  any  fur-bearing  auimals,  excejit  as  otherwise  therein 
provided,  witliin  the  limits  of  Alaska  Territory  or  in  the  wavers  thereof,  and  also  jiro- 
hibits  the  killing  of  any  fur  seals  on  the  islands  of  St.  Paul  and  St.  George,  or  in  the 
waters  adjacent  thereto,  exc(M)t  <luring  certain  months. 

Yon  inquire  in  regard  to  the  interpretation  of  the  terms  "  waters  thereof"  and 
"waters  adjacent  thereto"  as  used  in  the  law,  and  how  far  the  jurip-lictiou  of  the 
United  States  is  to  be  understood  as  extending. 

Presuming  your  iiupiiry  to  relate  more  especially  to  the  waters  of  western  Alaska, 
you  are  informed  that  tlie  tr.  aty  wit);  Knssia  of  March  ;5U,  1870,  liy  wliieli  the  Terri- 
tory of  Alaska  was  ceded  to  the  United  States,  defines  the  boundary  of  the  Territory 
so  ceded.  This  treaty  is  found  on  pages  ()71  to  (17',{  of  the  volume  of  treaties  of  the 
Revised  Statutes.  It  will  be  seen,  therefore,  that  the  limit  of  the  cession  extends 
from  a  line  starting  from  the  Arctic  Ocean  and  running  through  Behring  Strait  to  the 
north  of  St.  Lawrence  Islands. 

The  .lie  nms  thence  in  a  southwesterly  direction,  so  as  to  pass  midway  between 
the  i  '  iud  I'^'Attou  and  Copjier  Inliunl,  of  the  Kromansdorski  couplet  or  group,  in  the 
Nc/ir  Tit*  i-ic  Ocean,  to  meridian  of  1715^  west  longitude.  All  the  waters  within 
thac  biMir.  U'vy,  to  the  western  end  of  the  Aleutian  Archipelago  and  chain  of  islands, 
aie.'M  i  U  reii  as  comprisod  within  the  watersof  Alaska  Territory.  All  the  penalties 
prescrib  '  l.>y  'aw  againsL  the  killingof  fur-bearing  animals  would  therefore  attach 
against  aty  i-daliouof  hiw  within  the  limits  b-  fore  described. 
Very  respectfully, 

H.  F.  Frknoh, 
'  .  AcHng  Hevrelary. 

D.  A.  D'Ancona. 

717  U'Farrtll  street,  San  Frai'ciHco,  Cat. 

All  parties  are  warned  that  the  rule  laid  down  by  the  Secretary  of  the  Treasury  of 
tliH  United  States  in  1881,  and  re-afWrmed  in  the  note  of  Secretary  Manning  to  the 
eui';>ctor  of  this  port  of  date  of  Match  IG,  188ti,  will  be  rigidly  enforced  against  all 
wht7  Httempt  to  poach  upon  the  Federal  preserve  by  killing  seals  within  its  limits, 
thero  !;•  id  >*owii  and  defined  in  the  wafers  of  Alaska.  From  that  preserve  tiie  Fed- 
erii'  ■  ■  jvemiiient  ilerives  its  revenue,  and  its  lessee  is  entitled  to  the  protection  prof- 
fered by  the  note  of  tl'.e  Secretary  referred  to. 


136 


SEAL    FISHERIES    IN    BERING    SEA. 


CONIRAJJANI)   SKAL    HLNTING. 

Noticiiif^  in  your  issue  of  tlie  Call  of  tbe  'ioth  iiistaiit  an  article  refcrrinj;  to  the 
Alaska  Fur  Coin))any'.s  territory,  to  ol)li<fe  a  niinilicr  of  your  siiljserilx'rH,  will  you 
kindly  inform  us  if  a  vtrssel  luintinjf  seal  a  marine  Icanne  off  shore  in  Helirinjj  Sea 
wonld  l)e  liable  to  seizure,  or  tloi^s  the  inarin(!  l(^a<;ue  limit  apply  to  that  territory  as 
it  does  to  all  land  in  the  high  seas  ? 

Skveral  Interkstkd  Subscuibeks. 


Section  1956,  Revised  Statutes  of  the  United  States,  jirohiliits  the  killing  of  fur- 
bearing  animals  within  the  limits  of  Alaska  '{"erritcu-y  or  the  waters  thereof,  except 
under  an  authorization  from  the  Secretary  of  tin  Treasuiy,  and  it  further  provides 
that  the  Secretary  shall  not  grant  any  spc.  ial  (irivileges  under  this  section.  Then 
comes  tlu!  inquiry  :  What  is  included  in  the,  term  "  tht;  water's  thereof?" 

The  tniaty  by  wiiich  Alaska  was  eedcul  to  the  United  States  by  Russia  defines  the 
boundaries  of  the  jurisdiction  thus  conveyed.  The  western  limit  which  extends  out 
on  the  high  seas  (a  questionable  conveyance)  as  far  as  the  meridian  of  ]'Xi°  west 
longitude,  so  as  to  include  tin;  whole  of  the  AbMitian  Archii)elago,  and  thence  proceeds 
northwest  to  the  intersection  of  the  meridian  172  AV.,  with  tii<!  parallel  of  65^^  I5t)'  N., 
passes  through  the  middle  of  Hehring  Strait,  midway  between  the  islands  of  Krusen- 
stern,  or  Ignalook  and  RotmanittV,  and  thence  due  north  without  limitation  into  the 
Frozen  Ocean,  liy  .act  of  Congress  tlu^  laws  or  the  I'nited  States  are  extended  over 
all  this  t<'rritory  and  water.  As  IJehring  Strait,  at  its  narrowest,  is  .id  miles  wide,  9 
miles  from  the  Alaskan  mainland  coast  would  not  ttegin  to  rt>ach  the  western  limit 
of  our  jturchase  from  Russia,  ami  until  the  right  of  the  United  States  (Jovernment  to 
exclusive  Jurisdiction  over  those  waters  is  successfully  controverted,  yon  must  not 
violate  the  law  of  Congress  1  '■.iHiiig  seals  i herein,  without  the  consent  of  th?  Sec- 
retary of  the  Treasury,  on  ))er  'iscation.  According  to  the  current  of  nioderii 
authority,  says  Chancellor  Kent,  'iieral  tcirrltorial  Jurisdiction  extends  into  the 
sea  as  far  as  a  cannon  shot  will  re...  ;ind  no  fartbei-,  and  this  isgeneially  calculated 
to  be  a  marine!  league  (15  iuiles):  and  the  Congress  of  the  United  States  has  recognized 
tills  limitation.  The  claim  of  Russia  to  sovereignty  over  tlm  I'acilie  Ocean  north  of 
the  r)lst  degree  of  latitude,  as  a  close-  sea.  was  cinisidercd  i)y  our  (iovernnient  in  1822 
as  being  against  the  rights  of  other  nations;  but  now,  as  we  have  bought  Russia  out, 
it  is  all  right.  One's  oiiinions  change  according  to  oinrs  stand-point ;  and  besides, 
cannons  shoot  farther  now  tlian  they  usiul  to. 


f 


[Inclosiiin  T).] 

Mr.  Liihbe  to  Mr.  Jiaker. 

ViCTOUiA,  B.  C,  April  12,  1886. 
Dear  Sir:  Please  seefol.  10  and  11  of  the  inelvsed  document. 
Yours,  truly, 

T.    LUBBE. 

Mr.  Edgar  Crow  Baiter, 

Jloiiat'  of  i'oinnio)is,  Ottawa  : 

Charles  Edward  Pooley.  a  imblie  notary  in  and  for  the  Province  of  British  Colum- 
bia, duly  commissi(uieil  and  sworn,  residing  and  practicing  in  the  city  of  Victoria,  in 
the  said  luovince,  do  lu'icby  certify  that  the  annexed  jtajier  writings  are  full,  true 
and  correct  cojiies  of  the  sworn  copy  sworn  to  lu^  a  coirrect  copy  by  .John  T.  Fogarty, 
at  the  city  of  San  I'raiicisco.  in  the  Static  of  California,  on  the  215(1  day  of  December, 
188."),  befoie  .John  K.  Haniill,  notary  i)nblic. 

In  testimony  whereof  I  have  In  reunio  set  my  hand  and  seal  of  otlice,  at  the  city  of 
Victoria  aforesaid,  the  12th  day  of  April,  1886. 

ClIAltLKS   E.    POOJ.EY, 
Notarji  I'tiblic,  I'ictoria,  Ji.  C. 

I. 


[PfBUC— No.  120.] 

AN  ACT  ti>  pri'vent  llie  ('xtriniination  of  fnr-lirarinp  nnimnlH  in  AlnwUii. 

He  it  iiiactcd  />//  the  Senate  and  Uoune  of  h'eprenetitatiren  of  the  United  States  of  Avierica 
in  Conj/re'-H  anHcnililed,  That  it  shall  be  unlawlulto  kill  an.\  fur-seal  u])on  the  islands  of 
Saint   Paul  and  Saint  George,  or  in  the  waters  adjacent  thereto,  except  during  the 


SEAL    FISHHHIES    IN    BERING    SEA. 


137 


months  of  J  line,  July,  SepttMuber  ami  October  in  each  yoar,  and  itsball  be  nnl'iwful  to 
kill  such  scaiisat  any  tunc  by  tln>,  use  of  (ire-arms,  or  HM(M)tlit^r  nn-aiiH  tcmtinj;  lO  (lriv«! 
the  seals  away  from  sai'l  islands:  I'mviriril,  That  tiie  natives  of  said  islands  sliall  have 
the  privilt'jje  ot  killin<r  siudi  yoiinj:;  se.ils  as  may  l)e  necessary  for  their  own  food  and 
clothinj;'  diirini^- otiier  months,  and  also  such  old  seals  as  may  be  ret|nired  for  thtdr 
own  clothing  and  for  the  inannt'actnre  of  boats  for  their  own  use,  whiidi  killing  shall 
be  limited  ami  conlroiled  liy  such  i-eiiulations  as  shall  l>e  prescribed  by  the  Secretary 
of  the  Treasury. 

Skc.  2.  Ami  be  it  further  enacted,  that  it  shall  be  unlawful  to  kill  any  female 
seal,  oi'  any  seal  less  than  one  year  old,  at  any  seiisdu  of  tim  year,  exce]it  as  above 
provided  ;  and  it  shall  also  be  unlawful  to  kill  any  seal  in  the  waters  adjacent  to  said 
islan<ls,  or  on  the  lieaches,  (!litfs,  or  rocks  when;  they  haul  <i\>  from  the  sea  to  remain  ; 
and  any  jierson  who  shall  violate  either  ot  the  piovislons  of  this  or  the  tirst  section  of 
this  act  shall  be  jmuhsIkmI,  on  ijonviction  thereof,  for  such  offence,  by  a  line  of  not  less 
than  two  hundred  dollars,  nor  more  than  one  thousand  dollars,  or  by  im|irison- 
niont  not  exceediufr  hI.x  months,  or  by  such  tine  and  imprisonment  both,  at  the 
discretion  of  the  court  havinjj;  jiirisdi<'tion  by  takinjf  coivnizance  of  the  offence;  and 
all  vessels,  their  tackle,  apjiarel,  and  furniture,  whose  crew  shall  b(!  found  en<;aK«d 
in  the  violation  of  any  of  the  inovisions  of  this  act  shall  bi;  forfeited  to  the  United 
States. 

Skc.  ;i.  And  be  it  further  einjcted,  that  for  the  pi^riod  of  twenty  years  from  and 
after  the  passinjf  of  this  act  the  number  of  fur  seals  whi(di  may  be  killed  for  their 
skins  upon  tin;  island  of  Saint  Paul  is  hereby  limited  and  resl  ricted  to  s»!venly-live 
thonsanil  ])er  annum  ;  ami  tin;  number  of  fur-seals  which  may  be  killed  for  their 
skins  ui>on  the  island  of  Saint  (ieor^e  ishercl»y  limited  aiifl  restricted  to  twenty-tive 
tho!:..iaml  jier  annum  :  I'roridi^d,  Thai  the  Secretary  of  the  Treasury  may  restrict  iiiul 
limit  the  rij^ht  of  killing  if  it  shall  become  necessary  for  the  presei  vation  of  such  seals 
with  such  ]>roportionate  reduction  of  the  rents  reserved  to  tin*  (iovernment  as  shall 
be  riirht  ami  proper,  and  if  any  iierson  shall  kn()\vinj;ly  violat(i  eithei'  of  \\w.  ])ro- 
visions  of  this  section  he  shall,  iijion  due  convictinn  thereof,  lie,  )>unished  in  the  same 
■way  as  provided  herein  foia  violation  oi  the  i)rovi.si()ns  of  the  tii'st  and  second  sections 
of  this  act. 

Ski'.  4.  Ami  be  it  furtluM' enacted,  that  immediately  upon  the  passaffe  of  this  act, 
the  Secretary  of  the  Treasury  shall  lease  for  the  rental  mentioned  in  se(^ti<m  six  of 
this  act,  to  jiroper  and  n-sponsiblti  parties,  to  the  advantaj;e  ol  the  United  States 
liavini;' due  reiiard  to  the  interests  of  the  (iovernment,  the  native  inhaltilants,  the 
parlies  heretofore  en^jaged  in  trade,  and  the  luotectmn  of  the  seal  lisheries  (or  a  term 
of  twenty  years  from  the  lirst  tlay  id  M<;,\',  cijihleen  humired  and  seventy,  the  rii;i:t 
to  en<raj;e  in  the  business  of  takin;^  fur  seals  on  the  islands  of  .Saint  I'.iiil  and  Saint 
Georj^e,  and  to  send  a  vessel  or  vessels  to  said  islands  foi'  the  skins  of  such  seals,  ;;ive 
in>i  to  the  lessee  or  lessees  of  ,„i:d  islands  a  lease,  diil\  executed  in  duplicate  not 
trail  si  era  ble,  anil  taken  from  tin;  h  -si  e  lU'  lessees  of  said  islands  \i  bond  wit  h  su  flic  lent 
securities  in  a  sum  not  less  than  tin-  hundred  thousand  ihdlars  conditioiu'd  f u' the 
faithful  observanie  of  all  the  laws  and  r<!(|uirenmnts  of  ConM;ress  and  id  the  re^riila- 
tions  of  the  Si'cretary  of  the  Treasury  touchint;  the  subject-matter  of  lakiiiji  fur  seal, 
and  disposiufi'  of  the  same,  and  foi'  the  payment  of  all  taxes  and  dues  aceordiiij?  to  the 
United  States  connected  therewith,  and  in  making  said  lease  the  Secii^tar.v  id'  the 
Treasury  shall  have  due  re;;ard  to  thf  preservation  of  the  seal  fur  trade  of  said  islands 
and  the  comfort,  nniinteiiance,  iind  edmation  of  the  natives  thereoi'.  Thesaid  lessees 
shall  furnish  to  the  several  masters  of  vessels  etiiidoyed  by  them  certilied  copies  of 
the  lease  held  by  them  respectivel.N'.  whiidi  shall  he  ]»reseiited  to  the  (i.'vernim^nt 
revenue  cdiHcer  for  the  tiim^  beinj;  who  may  be  in  (diar<j;(;  at  the  said  islands  as  the 
authority  of  the  party  for  landinu  ami  takinj^  skins. 

Si'.c.  5.  And  he  it  finthcr  (vavtcd,  That  at  the  expiralion  of  said  term  (d'  t>venty 
years  or  on  surrender  or  forfeiture  of  any  lease,  other  leasees  may  be  made  in  ni.anmsr 
aforesaid  for  other  leims  of  twenty  mniih:  but  no  persons  other  than  American 
citizens  shiill  be  iierniitted  l>y  lease  m' othi-rwise.  to  occupy  s.aid  islands  or  either  of 
them,  for  the  ])nrpofie  ot  taking  the  skins  of  fur  seals  therefioin.  nor  shall  any  foiciji'ii 
vessel  be  enjiajted  ii  takmj;  such  skins,  and  the  Secretary  of  the  Tr.easiiiy  shall 
vacate  and  deidaie  any  lease  ibrfeited  if  the  same  be  held  or  ojieriited  for  the  use, 
benelit,  or  advanta<;e,  directly  or  indiiectly,  <d'  any  jieisoii  or  persons  other  than 
American  citizens.  Every  h'jise  .shall  c(nitaiii  a  covenant  mi  the  jiart  of  the  lessi'O 
that  he  will  not  ke<']),  sell,  furnish,  jiive,  or  dispose  of  any  distilled  spirits  or  s)(iritu- 
ons  linuiu's  on  eitherof  said  islands  to  any  of  the  n:itives  thereof  such  person  not 
beinj;  a  i)hysiciaii  and  I'nriiishiiif;  the  satiu!  for  use  as  meilieine  ;  and  any  ]ierson  who 
shall  kill  any  fur  seal  on  either  of  said  islands,  m"  in  the  waters  adjacent  thereto, 
without  authority  of  the  lessees  the leid',  and  any  pers<m  who  shall  molest,  disturl),  or 
interfeie  with  said  lessees,  or  either  of  them,  or  their  ajrents  or  employt's  in  tlio 
lawful  piosioution  of  their  business  umler  the  inovisions  of  this  act,  shall  be  deemed 
guilty  of  a  niisdenuujnor,  and  shall  foroach  offense  on  conviction  tln.ireof,  be  punished 


138 


SEAL    FISHERIES    IN    BERING    SEA. 


in  tho  same  way  and  by  ]\hv  penaltioH  as  prescribed  in  the  second  section  of  this  act. 
And  all  vessels,  their  tackle,  jippiir  i,  appurtenances,  and  car«?(),  whose  crews  shall  be 
found  enj:;aj;ed  in  any  violation  of  either  if  the  provisiousof  this  section,  shall  bi' for- 
feited to  the  United  States;  a'ld  if  any  person  or  conii)any  under  any  leas*!  herein 
authorized,  shall  kno\vin<j;Iy  kii!.  or  in^rniit  to  be  killed,  any  number  of  seals  exceed- 
ing the  nund)er  for  each  island  in  ihin  act  prescribed,  such  person  or  conii»any  sluill. 


oincer  snail  nuiKt;  (lecaiieti  report  01  ills  (loinj^s  10  rne  coiiucior  01  rue  port. 
Skc.  ().  And  be  if  further  riuieted,  That  the  annual  rental  to  be  reserved  by  said  lease 
shall  not  be  less  than  fitty  thousand  dollars  per  aiiuuni ;  to  be  secured  by  deposit  of 
United  Spates  i>oii<ls  to  that  aniount,  and  in  addition  thereto  a  revenue  tax  as  duty, 
of  two  dollars,  is  hereby  laitl  upon  each  fur  seal  skin  taken  and  shii)p(Ml  from  said  isl- 

ntiilu    .1  iiiMtwr    till,    iw,i,f  i,i  I,.,  .ii...    !.«'  L^i,..l.     lii..c].^      4  J.    1.1.  i...;.1     ;,.  f  .1    I  1.1.  'r*>i..,i^<if,-    i.C  t  1.1.   1  T..  ;<  1.1I 


le  Secretary  of  the  Treasury  may  terminate  any  lease  fiiven  to  any  person,  compiuiy, 
or  corporation  on  full  and  salisf.ictory  proof  of  the  violation  of  any  01  the  provisions 
of  this  act  or  the  rules  and  rejriilations established  by  him:  I'roridedfnrlher,  That  the 
Secretary  of  the  Treasiirj'"is  hereby  authorized  to  deliver  to  the  owners  of  the  fur 
seal  skins  now  stored  on  tlie  Islands,  on  the  payment  of  one  dollar  for  each  of  said 
skins  taken  and  sliiii[»ed  away  by  said  owners. 

Skc.  7.  And  he  it  further  enacted,  That  the.  ])rovisions  of  tlu;  seventh  and  ei<j;htli  sec- 
tions of  an  "Act  to  extend  the  laws  (tf  the  United  States  relatinj^  to  eiistoms,  eoin- 


accordance  with  the  provisions  thereof;  and  all  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  bertdiy  rei»ealed. 

Skc.  8.  And  he  it  further  enacted,  That  the  Congress  may  at  any  time  hereafter  alter, 
amend,  or  repeal  this  act. 

Approved  July  1,  1870. 

II. 

Contract    between   H'illiam    A.  liichardmn,  Acting   Secretary  of   the    Treasury,  and  the 

Alaska  Commercial  Company. 

This  indenture,  in  duplicate,  made  this  :h'd  <lay  of  August,  A.  D.  1H70,  by  and  be- 
tween William  A.  Richardson,  Acting  Secretary  of  the  Treasury,  in  jmrsuance  of  au 
act  of  Congress,  aMjiroved  .July  1st.  1870,  entith'd  "  Au  ait  to  ])ievent  the  extermina- 
tion of  fui-liearing  .'inimals  in  Alaska,"  and  the  Alaska  Commercial  C'onipany,  a  cor- 
l)orntioii  duly  established  under  the  laws  of  the  State  of  California,  acting  by  .John 
V.  Miller,  its  i)resideut  and  ugeiit,  in  acciu-dance  with  a  resolution  of  said  corpora- 
tion, duly  adoj)ted  at  a  meeting  of  its  board  of  trustees,  held  January  "'.Isf ,  1870  : 

Witnesseth,  that  the  said  Secretary  hereby  leases  to  the  said  Alaska  Commercial 
Company,  without  i>(tw(!r  to  transfer,  for  the  term  of  twenty  year.s,  from  the  Ist  day 
of  May,  1870,  the  right  to  engage  in  the  business  of  taking  fur  seals  «m  the  islands 
of  St.  George  and  St.  Paul,  within  the  Territory  of  Alaska,  and  to  send  a  ves.sel  or 
vessels  to  said  islands  for  the  skins  of  such  seals. 

And  the  said  Alaska  Commercial  Comi)any,  in  consideration  of  their  right  under 
this  lease,  In^reby  covenant  and  agree  to  jiay  for  each  year  during  said  term  and  in 
prop(ut  ion  during  any  part  thereof,  the  sum  of  $.").'),000  into  the  Treasury  of  the  United 
States,  in  a»;cordanee  with  the  regulations  of  the  Secretary,  to  be  made  for  this  jnir- 
poso  under  said  act,  which  payment  shall  be  secured  by  deposit  of  United  States 
bonds  to  that  aniount ;  aiul  also  covenant  and  agree  to  i)ay  annually  into  the  Treas- 
ury of  the  United  States,  under  said  rules  and  regulations,  a  revenue  tax  or  duty  of 
$2  ujion  each  fur  seal  skin  taken  and  shipped  by  them,  in  accordance  with  the  provis- 
ions of  the  act  aforesaid  ;  and  also  the  sum  ot  G*2A  cents  for  each  fur  seal  skin  taken 
and  shipped,  and  .'>.')  cents  jter  gallon  for  each  gallon  of  oil  obtained  from  said  seals 
for  sale  on  said  islands  or  elsewhere,  and  sold  by  said  company.  And  also  covenant 
ai'd  agree,  in  accordance  with  said  rules  and  regulat' jus,  to  furnish  free  of  charge  the 
inhabitants  of  the  islands  of  St.  Paul  and  St.  George,  annually  during  said  term. 


SEAL    FISHERIES    IN    BERING    SEA. 


13& 


25,000  dried  Baliiion,  (iO  cords  fire-wood,  and  a  suflicient  quantity  of  salt,  and  a  snflQ- 
cient  nninber  of  l>arrelH  tor  prescrvin};;  the  necessary  Hiipply  of  meat. 

And  the  said  lessees  also  liereby  eo\enant  and  agree  during  the  term  aforesaid,  to 
uiaintain  u  school  on  each  island,  in  aceordanec^  with  said  rnh^s  and  regulations,  and 
Huitahie  for  the  education  of  the  natives  of  said  islands,  for  a  period  of  not  less  than 
eight  months  in  each  year. 

And  the  said  lessees  further  covenant  and  agn'e  not  to  kill  upon  said  island  of  St. 
Paul  more  than  /fj.dOO  fur  seals,  and  upoji  the  island  of  St.  George  iu>t  more  than 
*2r),000  fur  seals  )ier  annum  ;  not  lo  kill  any  fur  seal  upon  the  islands  aforesaid  in  any 
otlu^r  month  except  the  montlis  of  June,  .Inly,  September,  and  October  of  each  year; 
not  to  kill  such  seals  at  any  time  by  the  use  of  fire-arms  or  other  means  tending  to 
drive  the  seals  from  said  islands;  not  to  kill  any  female  seal  or  any  seal  li'ss  than 
one  year  old;  not  to  kill  any  seal  in  the  watctrs  adjacent  to  said  islands  or  on  the 
beaches,  cliti's,  or  rocks  whei'e  they  haul  up  from  the  sea  to  remain. 

And  tbv.  said  lessees  fnrtlier  covenant  and  agrtM-  to  il  ido  by  any  restriction  or  limi- 
tation ui>on  the  rights  to  kill  seals  untb^r  this  lease  that  the  act  jtrescribes  or  that  the 
Secretary  of  the  Ticasnry  shall  Judge  necessary  for  the  pieservation  of  su(;h  seals. 

And  the  said  Icssta's  hereby  agret;  that  they  will  not  in  any  w-"  v  sell,  transfer,  or 
assign  this  lease,  and  that  any  transfer,  sale,  or  assignment  of  the  same  shall  be  void 
or  of  no  ert'eet.  , 

And  th(!  said  lessees  further  covenant  and  agree  to  furnish  to  the  several  masters 
of  the  vessels  employed  by  them  oerliSied  copies  of  this  lea; -,  to  bt<  presented  to  the 
Government  revenue  ollicers  for  the  time  being  in  charge  of  said  islands,  as  the  au- 
thority of  said  b'Hsees  for  the  landing  and  taking  said  skins. 

And  the  said  lessees  further  covenant  and  agree  that  they  or  their  agents  shall  not 
keep,  sell,  furnish,  give,  or  dispose  of  any  distilled  spirits  or  spirituous  liciuors  on 
oi  tiler  of  said  islands  to  any  of  the  natives  thereof,  sucli  i)erson  not  being  a  pliysician 
furnishing  the  same  for  use  as  medicnne. 

And  tilt!  said  lessees  further  covenant  and  agree  that  this  lease  is  accepted  sul)ject 
to  all  needful  rules  and  regulations  which  shall  at  any  time  or  times  hereafter  be 
made  by  the  Secretary  of  the  Treasury  for  the  collection  and  payment  of  the  rentals 
herein  agreed  to  be  jtaid  by  said  lessees,  for  the  comfort,  maintenance,  education,  and 
jiroteciion  of  the  natives  of  said  islands,  and  for  carrying  into  etiect  all  the  provisions 
of  the  act  aforesaid,  and  will  abniebj-  and  conform  to  said  rules  and  regulations. 

And  the  said  less(M;s,  acce]»ting  this  lease  with  tin;  full  knowle<lge  of  the  jjiovisions 
f)f  the  aforesaid  act  of  Congress,  further  e,ovenant>  and  agrt^t  that  tht^y  will  fnllill  all 
the  i)rovisi()ns,  re(iuiiements,  and  limitations  of  said  act,  whether  herein  sptcitically 
set  out  or  not. 

In  witness  whereof  tht^  i)arties  aforesaid  have  hereunto  set  their  hands  and  seals 
the  day  and  year  above  written. 

William  A.  Richakdsox, 

■ictiuff  Secretary  of  the  Treasury. 
Alaska  Commkrcial  Company. 
By  J  NO  F.  MiLLKit. 

Executed  in  presence  of  Prenidcnt. 

J.  H.  Savillk. 

I  certify  the  fori-going  i)rinted  co]>y  of  the  lease  of  the  United  States  to  the  Alaska 
Commercial  Comjiany  of  the  right  to  take  fur  seals  in  the  Territory  of  Alaska,  has 
been  compared  with  the  original  mi  lile  in  this  Department  and  isa  true  copy  thereof. 

J.  H.  Savillk, 
Chief  Clerk  Treasury  J)eparlinent, 
Washington,  U.  C,  September  :i,  IrSTO. 


III. 
Mr.  Boutwell  lo  Mr.   I'helps. 

Tukasl'ky  Dki'Autmknt, 
Washington,  1).   C,  April  l\),  1872. 

SiK  :  Your  letter  of  the  ^.^th  ultimo  •   was  duly  received,  calling  the  attention  of 
the  Department  to  certain  rumors  circulating  in  San  Francisco,  to  the  elfect  that  ex- 

*  Tbe  following  is  the  commimicatiou  to  which  this  letter  is  the  reply  : 

Mr.  Phelpt  to  Mr.  Boutwell. 

CL'STOM-IIorsE,  San  FiUNrisco, 
Collector's  Office,  March  •>.»,  1872. 

Silt:  I  (loeiii  it  proper  to  call  the  atteution  of  the  Department  to  certain  rnniorx,  wliich  appear  to  be 
well  authenticateil,  the  Hubstaiicnof  which  appears  in  tlie  printed  slip  tal<eu  from  the  Daily  Chronicle 
of  this  (late,  herewith  incloseil. 

In  addition  to  tbe  several  scbemea  mentioned  in  this  paper,  information  has  come  lo  this  oiBce  of 


140 


SEAL    FISHERIES    IN    BERING    SEA. 


peditioiiH  nni  to  Ntnrfi  from  Aiistialia  iiiwl  tlio  Hawaiian  IslaiulH,  to  take  fur  Healn  on 
tli«ir  annual  niij^iatloii  to  tin;  Islands  of  St.  Pan!  and  St.  (Jcorj^o tlironj^li  tlu^  narrow 
]»ass  of  <)oniniai\.  Yon  rcconiinrnd,  ro  out  off  ttu^  itossihilltv  of  <!vil  rcsnltinjj  to  tho 
inttircHts  of  tilt!  United  Statt's  from  llicsr  cxiii'ditions,  that  a.  rcvcnno  cnttiM'  l>o  sent 
to  tin!  ri'^ifMi  of  OonimaU  Pass,  l>y  tin'  ir)tli  of  May  in-xl.  A  vt-ry  fnll  ('onvcrsation 
wan  had  with  Cap  ain  Bryant  upon  this  snhjtMrt  while!  ho  was  at  liio  Dt!|»artiiumt, 
ami  ho  com-oivt'd  it  to  Ito  cntiriily  impra(!tical)lo  to  niaUo  snch  an  oxju'dition  a  payinjj 
Olio,  inasmnoh  as  tho  seals  yo  singly  or  in  pairs,  and  not  in  drovos,  and  covor  a  lar{i;o 
roffion  of  wator  in  thoir  honn-ward  travol  to  tln-so  islands,  ami  ho  did  not  sooiii  to 
foar  that,  tho  soals  .vonld  ho  driv(!n  from  thoir  aocnHtomod  rosorts,  ovi!n  woro  such 
attt!ni]its  nnid*-. 

Ill  a<t(lition,  I  do  not  sot!  that  tho,  Unitod  Statos  would  have  tht!  jurisdicticni  or  power 
to  drivo  off  partios^^oiny;  np  tlioro  for  that  purpose,  tniloss  thoy  nnido  suoli  attompt 
within  a  marint!  loajiuo  of  tho  short!. 

As  at  ))roHont  advised,  I  do  m)t  think  it  «!Xi)ediont  to  carry  out  yonr  suf^jiostioiiH  ; 
but  I  will  thank  yon  to  communicato  to  tiio  Dopartnuiiit  any   fiirthor  facts  or  infor- 
mation yon  may  lie  aide  to  jfathor  upon  tho  suhjoct. 
1  am,  very  •respoctfnily, 

(Jkohgk  S.  Houtwkll, 

«  Srcretari/. 


anotlicr,  wliicli  iw  lioing  or^niiizfd  iit  the  Hawaiian  Islauds  for  the  saiiie  purpose.  It  is  well  known 
that  tlininf;  the  month  of  May  and  tin'  i-aily  part  of  .Tinu!  in  oacli  year  thi!  fur  seal,  in  tin  ir  nii<iratiou 
from  till'  soiitliward  to  St.  P.  Paid  and  St.  tlforjic  Islands,  uniformly  inovti  tlir.iuuh  Ooniinak  Pass  in 
larj;<>  numbers,  and  also  tlirounh  the  narrow  straits  mar  that  pass  which  si'iiaratu  sevcial  small  is- 
lands fi'cini  till'  Aleutian  <;roup. 
The  nb.ji'cl  of  these  .several  expeditions  is  untpiostionahlv  to  interci'pt  tho  fur  seals  at  those  narrow 

rassiiyes  dnrinsr  the  period  above  niontioned.  and  there,  by  means  of  small  boats,  manned  by  skillful 
ndiansor  Ah'utian  hiuiters.  make  indiscriminate  slaughter  of  those  aninuils  in  the  water,  after  the 
manner  of  li'mlinfr  sea-oiter.s. 

The  ovd  to  be  aiiprehended  from  such  proceediniis  is  not  so  much  in  respect  of  the  loss  resulting 
from  the  destruction  of  the  seals  at  those  places  ialtliou;:h  tho  killinir  of  each  fcinalo  is  in  etFect  the 
destruction  of  two  seals),  but  the  daimer  litis  in  diveilinsi  these  animals  fiom  their  aci-ustomed  coarse 
to  the  ishimls  i>f  St.  I'aul  ami  St.  (ieort;e,  their  only  haunts  in  tho  United  States. 

It  is  belit'ved  by  those  wlio  !iav<i  m:ule  the  iieculiiir  nature  and  habits  of  tliese  animals  a  study,  tliat 
if  they  are  by  any  means  seriously  diverted  fruni  the  line  uiion  which  tliey  have  been  accustomed  to 
move  northward  in  their  ])as-ia;;e  to  tliese  islands,  there  is  ;;reat  daiiLier  of  tlieir  SHtdiini;  other  hainits, 
and  should  this  occur,  the  natural  selection  would  lie  Koinaiidorsky  Islands,  which  lie  .just  op])osito 
the  I'ribolov  jinuip,  near  the  coast  ol  Kamschiitka,  owned  by  liiissia.  and  are  now  the  haunt  of  fur  seals. 
That  tlu'  successful  prosecution  of  the  abovenieniioned  schemes  would  havo  the  ctl'ecl  to  drive  the 
.seals  fiom  llicir  aiciistoiiied  course  Iheie  can  be  no  iloiibi.  <  iinsiderinir,  therefore,  ahuie  the  danger 
which  is  here  ihriiitciii'd  to  the  interest  of  the  (ioveintiu'iit  in  the  seal  lisberies.  and  the  lame  annual 
revenui' deiived  from  the  same,  I  have  the  honor  to  sii'jjicst.  lor  the  coiHideration  of  the  honorable 
Seeiitniy  of  the  'Irt  iisuiy.  the  (|Ucstion  whether  the  -.x-t  of  .July  1,  1870,  relalinp  to  tliose  lisheriea, 
does  not  authoiize  his  intcrfer.nce  by  in  en  ns  of  levciiiiet'iittevs  to  pi'cvent  foreiiriu^rs  anil  otlieis  from 
doinj:  such  an  iriejiaiabh'  mischief  to  thi''  valuable  intcest.  Slionld  the  honorable  Secietary  deem  it 
expedient  to  send  a  cntli'r  into  these  waters.  I  wiuihl  respectfiillv  sii^nest  that  a  steam-cutter  would 
ho  able  to  render  the  most  etiicient  service,  and  that  it  sliould  be  in  the  rejjiou  of  Oonimak  Pass  and 
St.  I'anl  anil  .St.  Gcorixe  Islands  by  the  Ifitli  of  .May  next. 
1  am,  verv  respectfully, 

T.  G.  PllEi.l's, 

Collector. 


[From  San  Francisco  Daily  ('hronicle,  March  21,  1872.| 

It  is  stated  in  reliable  commercial  circles  that  jiarties  in  Australia  are  preparinj;  to  fit  out  an  ex- 
pedition for  the  ca])turc  of  fur  seals  in  I'eliriiiLC  Sea.  The  iircsent  hiiih  jirices  of  fur-seal  ftns  in  Lon- 
d  III  anil  the  Kuropean  imUiUts  has  acted  )i'iwirfiilly  in  stiiuiilatinji  enteiprises  of  a  like  character, 
lint  a  few  days  ayo  we  nieiit.'oned  that  a  Victoria  coiiipaiiy  was  oi"j:anized  for  catchinjr  fur  seals  in  the 
North  I'acilic  Another  jiarry,  an  ai;cnt  leprescntinj;  some  eastern  capitalists,  has  been  in  this  city 
for  the  ]iastwe.ek.  makiiii;  iiu|iiirics  as  to  the  feasibility  of  oriianizin;;  an  expedition  for  like  purposes. 


StATK   of  C.M.U-OKNIA, 

Citji  mill  Coiiiily  n/  San  Francisco  : 


I  hereby  coitifv  the  ton 


("oi.i.F.cTou's  Office,  Custom-IIoisf,,  December  23, 1885. 
loini;  to  be  correct  cojiics  of  orijjinal  dncumouts  on  fllo  in  this  otHce. 


State  ok  Cai.ifouni.x, 

<Mty  and  Cntiiily  of  San  Francisco  : 

■Tohii  T.  Fie.'avi  V.  Iieiu"  duly  sworn,  deposes  and  saysthat  the  forejioins;  are  true  and  correct  copies 
of  orifiinaldootunenta  on  file  in  the  ollici  of  the  collecior  of  customs  of  the  port  of  San  Kranciseo,  that 
he  lias  coiiipaieii  ilic  lo'cjioinj:  with  said  oriiiinals,  and  knows  them  to  he  coirect  copies  to  his  own 
knowledge 

•  John  T.  Fooauty. 


Subscribed  and  sworn  to  before  ine  this  23d  day  of  December,  188S. 


Jon.N  E.  Uamii.l, 

Notary  Public. 


SKAL    FI8HKRIKS    IN    BKRINCJ    SKA. 


141 


IIiiclciMiirc  fi.| 


TlIK   ALASKA   SKIZTUKS. 


A  comnion-Hvufif  rkw  of  IId'  wlmlc  xihialinn, — .(  Ihoitklini  paper  niirahx  out. —  li'lutt  in  the 
/«((•' — The  ijridlrnl  iiKDilinii-  jiKhjc  liriiu/.  —  lliv  xciil  moiioiiohj. 


I  From  till'  Hiooklvn  K.ik1<'.| 

Tlic  I't'ct'iit  Hciziiit'  (if  vcssfls  ill  Mcliriiij;  Sea  liy  llm  I'liiti'd  Stiitcs  rfvciiiu'  >.tfiiinfr 
Coru'in  lor  ilu!  iillrj;t(l  illcmil  captiiic  nf  .st'al>s  in  tlif  waters  oT  tin;  rnilcd  States  has 
iittracti'd  a  siii  prisiii^L^ly  sli;;lit  aiiKiiiiit  of  atli'iiiiiiii  in  lliis  (|iiartcr  at  least.  'IMiis  is 
jirolialiiy  <liii'  t<i  tlie  faet  tliat  tile  t'aliiiiel  lias  nut  liail  a  iiieetini^  fui'  s^iiiie  time,  and 
tliivt  lint  one  '"^'liiiiet  iniiiisli  r  remaiiit'd  in  WaHliiii;iloii,  so  that  thei"  w  as  a  laeU  of  iii- 
forniation  oii  the  siilijeet,  whieli  was  iiiifavorahle  to  itsdisciission.  Now.  Iwiwever,  wo 
liavo  sDiiietliiii;^  like  an  otticial  repoit  of  w  hat  took  jdace  from  tiie  i-aptaiii  of  the  Vor- 
win,  iiiid  the  matter  is  riiie  lor  the  atK'iitioii  ol'  the  press  of  the  I'liit  d  States.  No  one 
wlio  ;fives  the  Hiilijeet  his  notice  can  fail  to  reioj;iii/.e  t  he  faet  that  it  is  one  of  the  most 
iinportant  (|iiesti<ins  thistiovei-iimeiil  w.'is  ever  called  upon  to  discuss,  and  that  it  may 
involve  consciinences  ot  the  highest  moment. 

The  captain  of  tlie,  Cuvwhi,  it  would  ajipi'ar,  was  ii.-'lini;  under  positive  iiist  i  net  ionn 
received  at  San  Fraiieiseo,  eommandinu  him  to  seize  ami  deliver  to  the  I'liited  Slates 
district  court  of  Alaska,  for  coiiiiiiiniat  ion  and  seizure,  all  vessels  found  enj^aged  in 
the  capture  of  seals  within  Alaskan  waters,  which  wer<^  deliiied  to  iuidiide  all  of 
Bolirinj^  Sea  east  of  the  line  fro  i  Hchrmii  Strait  to  a  point  west  of  tlio  most  west- 
ern of  the  Aleutian  Islands.  llmJer  this  iiiter]iretation  a  vessel  miL;;ht  he  iiion'  than 
50*  miles  from  the  main-land  of  .\meiiea  and  still  a  tresjiasser  in  Aljislcan  waters,  and 
tht'H^fore  liahlet<i  seizure.  The  complaints  which  led  to  the  issiiiiiij  ol"  thes(<  instriie- 
tidus  came  frmii  the  Alaska  Fur  Se.il  (lompaiiy,  who  lease  the  seal  lisheries  from  the 
Government  for  tin;  payment  of  ••?;!I7, (*■'()  aiiuiiall\. 

Tlie  vessels  captured  were  six  in  iiiiii'lier,  three  of  them  heini;  <lcHerilied  a>  Mrit ish, 
one  American,  from  San  l''rancisco.  luit  the  iiat  iou;ilit.\  of  the  oilier  two  is  not  ijiven. 
It  is  not  pretendeil  that  any  of  them  was  within  a  iiiarine  leairne  of  the  shore;  in 
fact,  the  only  vessel  whose  phu  e  (d  capture  is  siiccilicaliy  stated  in  t  he  dispatidi  is 
the  Hritish  schooner  J'liointoii,  whiidi,  the  caiitain  of  the  ( dru-iii  siiys,  was  captured 
ahoiit  7(1  miles  soiitli->outhcasi  of  SI.  (ii  lU'^e.  'i'liis  would  liriiifx  her  Tiii  miles  from 
the  chain  (if  the  Aleutian  Islands  and  lit*!)  miles  j'roiii  the  iicaresi  point  of  the  uiaiii- 
laud. 

The  caidnred  schooners  ^ven^  taken  to  Ounalaska.  where  they  were  liludtMl  for 
condemnation,  and  their  crews  wei'c?  conveyed  to  Sitka,  where  the  masters  iviid  mates, 
in  iiddilion  to  the  lossof  their  vesstds,  were  tried  liefore  Jiidj^e  Dawson  and  lined  and 
iiuprisoncd. 

In  the  (!ase  of  the  Thoniton,  the  captain  was  lined  .f.'iOC  and  to  be  iinprisontul  for 
thirty  days,  while  tlie  mate  of  the  same  vess(d  was  fined  SiJOO.  ,Iiidi;t'  Dawso?i,iu 
passiufi'  sell  tenets  was  very  severe  on  the  prisoners,  and  likened  their  oti'eiise  to  piracy, 
telliiij;  them  that  tliey  had  no  more  rieht  to  j;o  into  tlit^  waters  of  another  nation  to 
interfere  with  its  iiidustries  than  they  had  to  j;o  upon  another  maifs  land  and  .appro- 
priate his  cro])s.  .Jiidjre  Dawson,  althoui;li  only  a  district  Judj^e,  considers  that  his 
jurisdiction  extends  over  the  wliole  of  the  waters  of  .Alaska,  comprisiui;  alioiit  a  mil- 
lion sijiiare  miles  of  what  would  elsewhere  he  renaided  as  the  high  stias,  ao  that  lie 
may  lie  safely  regarded  as  the  greatest  inarilime  Judge  extant. 

If  it  should  Vie  re|iortcd  some  day  in  the  papers  that  a  (iloucester  fishermau  had 
been  captured  by  a  Canadian  cruiser  'MO  miles  otV  the  coast  of  Nova  Scotia,  and  that 
her  niastt^r  and  mate,  in  addition  to  the  loss  of  their  vessel,  had  lieeii  heavily  fined, 
and  were  then  languishing  in  a  Canadian  prison,  there  would  proluildy  lie  some 
indignation  in  New  England.  Yet  that,  as  regards  the  maritime  aspect  of  the  ease, 
is  sulistant ially  what  the  Alaskan  seizures  amount  to.  It  is  maintained,  liowever, 
that  the  circumstances  of  these  cases  an^  moditied  by  the  faet  that-  Russia  claimed 
the  wliol(!  of  Bidiring  Seii  as  part  of  her  territory,  ami  that  the  waters  claimed  by 
this  Government  were  .'cded  as  part  of  Alaska.  .Judge  Dawson  is  re)»orted  to  have 
said  on  this  jioiut  that  Russia  had  claimed  and  exercised  jurisdiction  over  ail  that 
part  of  Behrings  Sea  embraced  in  the  boundary  line  set  forth  in  tin;  treaty,  and  that 
claim  had  been  tacitly  recognized  and  ac((uies(!(^<l  in  by  the  iitiier  maritime  jiowers 
of  the  world  for  a  hmg  series  of  years  ])rior  to  the  treaty  of  ;iOth  March,  18tJ7.  Ho 
held  that  the  jurisdiction  had  been  transferred,  and  that  the  United  States  had 
acquired  absolute  control  and  dominion  over  the  area  described  in  tln^  treaty, 
and  that  British  vessels  manned  by  British  subjects  had  no  right  to  navigate  the 
waters  lor  the  purpose  of  killing  fur-bearing  seals.  If  this  is  good  law,  that  is  the 
end  of  the  matter;  hut  is  it  good  law?  Unless  w<!  are  greatly  in  error,  there  are 
copies  of  dispatches  on  the  tiles  ot  the  State  Department,  written  prior  to  ld()7,  in 


142 


SEAL    FISHKRIES    IN    BERING    SEA. 


which  l\w  RiisHiai)  cliiiiii  Ih  distinctly  rnpiitliiitod  and  denied.  CircnniHtunroH  may 
have  clianifcd  NJni'c  thi-n  hh  to  our  atfitnil«i  toward  Hie  Hiibjt'<'t,  hut  tlie  priiuMjile 
has  not.  And  we  doiiUt  j^rcatly  wlit'fJK  r  the  I'nitcd  Stiiten  would  ever  have  .'iiliiiitted 
Hiieli  a  claim  if  made  liy  another  nation.  Wiiat  would  be  said,  lor  instance,  if  the 
Ilritish  niiderlook  to  prevent  an  American  whaler  from  enfcrin<i  Hudson  Ihiy  or 
traversing  the  western  half  of  tiial  arm  of  tln!  Atlantic  Ocean  which  le.ids  to  itf 
Maritime  law  and  internatMinal  are  the  same  whether  on  the  Atlantic  or  the  I'acilic, 
and  tlien^  is  ciTtainly  something'  <;rotes(|ne  in  the  si^jlit  of  hundreds  of  American 
fishermen  hoverinir  on  the  Canadian  Atlantic  coast  jnsr  lieyond  the  :<-mile  limit  and 
elaimin;;  to  Ciller  all  Iniys  more  than  :i  inih  h  wide  at  the  month  and  lisli.  while  on 
the  Pacilic  Canailian  vcsstds  are  cai»tnred  :i()0  miles  from  the  niiiii-laiid,  and  the  claim 
is  niad(^  that  a  hay  more  than  1,0UU  miles  wide  at  the  month  shall  lie  a  closed  sea  to 
them. 

There  Ih  another  aspect  to  the  case,  not  international,  hut  natiimal.  One  of  the 
vessels  caiitiircd  was  an  American  schooner  from  San  Francisco.  All  other  American 
vessels,  except  those  of  the  Alaska  Seal  l-'iir  Company,  are,  therefore,  excluded  from 
tln'se  waters  which  ariMdaimed  as  heioiijfiiiL;  to  Alaska.  Is  there  any  warrant  for 
this  in  the  Constitution  of  the  United  Slates?  It  has  lieeii  the  evil  jiolicy  of  the 
nation  to  ;;ive  np  the  wlnde  'i'eriitory  of  Alask;i  to  mie  j;i;;antic  monopoly,  to  dis- 
coiiraj;e  settlement  and  all  lejfitimate  enteiprises  not  connected  with  the  fnr  triidt\ 
Is  this  policy  Ut  he  (joiitiniied  '!  It  surely  was  not  for  this  purpose  that  the  Territory 
was  honf;lil,  Imt  that,  its  icsonrccs  mij;ht  hcdevelojicd,  and  such  parts  <d'  it  as  are 
snitalile  for  settlement  o|iened  to  iiidustiions  workers.  Mnt  fornincteeii  ycaisAlaska 
has  heen  iiothiii<;  hnt  tlitr  reserve  of  a  ;.;i'eat  corporation,  which  is  even  now  schem- 
injjf  to  ohtain  a  rciiesval  of  its  franchise  there.  The  matter  is  one  of  tlu'  yreateHi  in- 
terest and  importance  to  the  American  people,  who  are  not  desirous  of  establishing; 
monopolies  in  Alaska  or  elsewlwre,  but  wish  to  see  all  their  territory  opened  n[i  and 
made  available  i'or  the  use  ol"  all  our  citi/cns. 


ilnclosure.l 


Lellev  of  Licalvnant-dovci'nor  CornwaU. 


GovKnxMK.NT  HorsK, 
I'ictoiia,  Ji.   C,,  .liiiiiml -^i),  li*f^i'i. 

Siu:  I  have  the  honor  to  report  that  a  few  days  since  I  rt^ceived  a  tide^rram  from 
Mr.  Mason,  actinjj  British  consul  at  San  Francisco,  to  t\ui  followinj;  elfect : 

"  Carolina,  Thornton,  seized  by  United  States  sti-iuner  Corwin  for  illef^al  sealini;  : 
about  twenty  men  from  them  put  on  board  St.  Paul,  ar;ived  here  last  iiijifiit ;  rliey  ask 
iiM'  fnr  protection  and  to  send  them  to  Victoria.  Advise  me  what  to  do;  they  are  not 
cli:ii?ied  with  any  thill};." 

Upon  recei])t  of  this,  I  arranjjed  with  the  owners  of  the  Carolina  and  Thornton  for 
the  return  of  the  men  here,  and  they  arrived  on  the  *i;{d. 

The  Carolina  and  Thornton,  belonuinir  to  ditferent  owners,  are  sloops  owned  here. 
and  fitted  out  here  for  the  prosecution  of  seal  tishiii<j;  in  the  North  I'acilic  and  IJehi- 
iiig  Sea.  It  .s(!enis,  from  the  ac(M)nnts  };iven,  that  they  were  peaceably  )nirsnin<;their 
avocations,  and  not  within  7(l  miles  of  land  when  they  were  seized  by  United  States 
rev.Minc  steamer  Corwin,  as  above  stated.  .Some  of  the  men  were  shipped  to  San 
Francisco;  the  sloojis  and  their  masters  are  retained  in  some  Alaskan  port.  This  ex- 
traordinary and  hijjh-handed  proeeedinj;  was  doubtless  ]»erpetrated  in  the  intere-sts  of 
the  Alaska  Commercial  Company  ami  ostensibly  for  the  prot«^ction  (d'  the  fur  sealiiiji 
lisheries  which  are  leased  liy  the  (iovernment  of  tht^  United  States  to  that  company. 
In  lealily  it  pnxdaims  the  rij^htof  that  (iovernment  to  the  sole  use  of  the  tisheries  of 
those  northern  waters,  an  idea  so  prcposti'roiis  as  to  be  ludicrous.  1  inclost;  a  cutting 
from  a  mnvt-.paiier  published  hen^  whii  h  uives  as  correct  an  account  ol  the  matter  as 
we  have  at  i)retent,  and  also  a  state. i. cut  of  the  facts  relatiiisr  to  rln^  transfer  to  the 
the  United  States  of  the  Russian  American  |)ossessions,  and  of  the  lease  and  conces- 
sions f^ranted  by  the  (iovernnieiit  (d"  the  United  States  to  Ww  com[)any  above  men- 
tioned. The  matter  has  been  already  laid  before  the  honorable  the  minister  of  ma- 
rine and  lislieries,  who  opportunely  arrive<l  here  a  few  days  after  my  reccivint;  infor- 
mation of  it,  biitl  beg  to  call  your  earnest  attention  to  it,  so  that  the  whole  case  be- 
ing laid  before  the  imperial  authorities,  steps  may  he  taken  not  only  to  caii.se  repa- 
rations to  be  made  for  the  outrage  cominitted,  but  to  delinitely  prevent  any  possible 
.repetition  of  it. 

I  have  the  honor  to  he,  sir,  your  obedient  servant, 

Clkmknt  F.  Coknwaix, 

Lieutenant-Ciorernor. 


SEAL    FISIIKRIKS    IN    MERIXO    SEA. 


143 


I. 


SKAMNd    SCIIOONKIt    SKI/.UUKS. 

Ah  tilt'  lute  si'i/iirc  ol'  an  Aiiii'iicaii  ami  tlii'ff  liiiti.sli  sfaliii;;  mcIiooihts  liy  an 
Aiiit'i'icaii  n-vtMiiiC'CiitiiT  in  tilt'  Id-liiin;;' Sra  arc  alniuNt  rcitaiM  to  l<-a<l  to  iiitfina- 
tioiial  i'oin|ili('titioiis  on  acconni  of  the  cxtiavacano- of  tlic  a.'>--uiii|)lioii  iijion  wliich 
tbosf  sfi/,nit'N  •.vcit)  made,  a  l)ri«'l'  liistofy  ol'  tlic  t'vmts  wliicli  led  u|i  to  tin  in  will  lio 
iicc(?|>ial>li' at  tlu"  iiri'M'iit  time.  In  Mai'i'li,  i>tt7,  a  tiTaty  vNasimiilf  hrtwccn  lvnsl^ia 
uikI  till'  United  Slatt's,  liy  wliicii  IJiissia  ccdrd  all  its  |Mis>ii'HNioiiN  in  Mriiisli  North 
AniL'iii'a  to  llie  (loviiiiim'iit.  of  tin-  I'liited  Siale.s.  One  of  (lie  terms  of  tliat  treaty 
declared  tliat  the  western  limit  ,\\  itliin  wliicli  the  territories  and  d(Mninion  eonveyeil 
are  contained  (.asse.-,  tliron;;li  a  point  in  liidirin;^  Straits  on  the  parallel  of  ti.")  de;iree8 
:U>  niiiiiites  north  latitude  at  its  inters  ition  l»y  tlie  meridian,  wliicli  [tasses  nii<lway 
between  tlie  Islands  of  Krnseiistein  or  I;;nalook  and  the  Island  K'atnianolf  or  Noon- 
aihook,  and  proi^eeds  due  north  without  limitation  into  the  fro/en  oei'an.  The  sanin 
western  limit  hcLiinninji  at  the  same  initial  point,  proceeds  thence  in  a  eonrse  nearly 
son'hwent  throneh  Mehrin;^  .Sci,  so  as  to  pass  mi(lwa>'  hetween  the  nortliwest  point 
of  St.  liawreiiee  and  the  southeast  point  of  Cape  ChoiitUolski,  to  the  meridian  of 
17'i  w«'st  lon<{itiide,  thence  t'roni  the  intersection  ot'  that  meridian  in  a  southwesterly 
direction,  so  as  to  pass  midway  lietwecn  the  Island  of  At  ton  and  tlie  ( 'oppei-  Island  of 
the  Koimandorski  couplet  or^ronp  in  the  North  I'acitic  Ocean,  to  Mie  meridian  id'  171) 
decrees  west  lonj;ilnde.  so  as  to  include  in  the  territory  coiivc\cd  tlie  wlnde  of  Iho 
Aleutian  Islands  east  of  tlnit  meridian.  So  f.ir,  so  eooil.  In  Jiiiy.  lr<7i>.  in  tlie  second 
session  of  the  fort\-lirsl  Compress,  an  act  was  passt  d  entitled  "An  act  to  prevent 
the  extermination  of  fnrlieariiiLC  animals  in  Ahisk.-i."  in  which  tlKMiiimher  of  sealn 
to  he  killed  for  t heir  skins  was  limited  on  SI.  I'aiil  aiid  St.  (Jeoree  Islands  to  7r>,i)00 
])er  aiinnin  on  each  island,  \\\l]\  ]io\\cr  hy  the  Secrei;iry  of  the  Treasury  to  fnither 
limit  the  nninher  if  lu'cessaiy,  and  ^ivinji  that  (iflicial  power  to  lease  for  rental  nieu- 
tioiK'd  in  the  act,  to  projier  and  respoiisiMc  parties,  to  the  hest  ;uhanla;;e  of  the 
United  St.'Ucs,  havinji'  due  lei^ard  to  the  interests  of  \hv  (Jovi  rnimnt.  the  naiivo 
inhaliilaiits,  t he  parties  hitherto  ennancd  in  trade,  and  the  piniectien  of  tln'se.il  tish- 
eries,  for  a  term  id'  twentv-live  yejiis,  from  May,  r-7ii,  the  iij;ht  !o  eii;^aj:e  in  takinjj 
seals  on  flic  Islands  of  Sf.  I'anI  and  ."st.  (ieiULjc. 

Another  stu'tion  declares  th;it  any  persmi  who  shall  kill  any  fur  seal  on  either  of 
saiil  islands,  or  in  waters  adjacent  thereto,  without  .authority  Itoiii  the  lessees  thereof, 
or  interfere  with  them  in  the  lawful  prosi-ciition  of  their  duty,  .shall  he  deemed  unilty 
of  a  misdemeaiior,  and  shall  for  each  (dVeiisi-,  upon  conviition.  hi'  ]iiinishcd,  and  all 
their  vessids,  tackle,  .aiiparel.  appnrteiianci  s,  and  carj^o  shall  he  forfeited  to  t  he  L'nited 
States.  In  the  niontji  follow  in;;  t  he  passage  ol'  this  act.  that  is,  in  Au;;iisl,  1-70,  a 
lej'.se  called  the  seal  island  icase,  w  as  e\c<'iited  he  I  ween  t  he  United  States  (onernmeiit 
nieiit  and  the  Alaska  Commercial  Company,  a  corpoiatioii  cstaldished  in  C.'ilifornia. 
In  return  for  the  exclusive  pi  ivile^e  ui  taking  for  twenty  yejiis  (with  certain  resrric- 
tions)  fnr  .seals  in  the  islands  of  St.  I'anI  and  .St.  (m-oi-^c.  the  lessees  .a^^reed  to  pay  to 
the  (Jovernmeiit  an  anmial.siimof  s.',.">,ii()i),  .•s-j.t;'>A  for  e.ich  seal  skin  taken,  .');">  <cnts  for 
each  gallon  of  seal  oil  sold,  and  to  .annually  provide  the  ii.ati  ves  with  a  cetain  (piantity 
of  })rovisioiis  ;ind  find.  The  months  (dMiiiie,  .Inly,  Sciitemlier.  and  Octoher,  were,  more- 
over, the  onjy  nionth.s  dnriii;^;  w  hiidi  the  capl  are  <d' seals  could  he  prose(!iitcd.  Under 
thi.s  lease  or  concession  this  comitany  has  perpetuated  its  monopoly  for  sixteen  years, 
reaping  a  vast  ])rolit  therefrom.  Not  satislied  with  the  jirolitic  source  of  its  supply  and 
the  facilities  atlbrdc<l  it  forenea^in^  in  the  hnsiness,  the  company  I'.rjssoiiL'ht  and  prac- 
tically .succeeded  in  controlling  the  seal  fnr  market  hy  its  asjc^n^ssi  veness  in  preteiidinjj 
to  construe  the  term  "  and  the  waters  ailiacent  tliei'  to,''  as  in<  .•uiIiik  that  vast  s^ii  of 
waters  inclnded  in  the  limits  of  cessini!  ,,,i,i  cl  ;ii  the  Ru,  so-Amei  ican  tveaty  oi  l)^t)7. 
In  this  interpretation  it  hasrecei\cd  the  nnrelaxed  sn])poit  of  the  United  Slates  (Gov- 
ernment, whose  interests  in  tlu^  matter  are  identical  with  those  of  the  <:onipany  ;  and 
here  it  may  he  remarked  that  the  royalty  p;iid  hy  the  latter  fninishcs  a  handsome  prolit 
npoii  the  purchase  money  of  Alaska  Territory. 

One  or  two  American  revenne-cntters  arc  always  cmisini;-  in  the  1'."  i-mij;  Sea 
and  that  portion  ot  the  North  Pacitic  to  the  south  of  the  Aleutian  Islai  ■'  >  ver  on 
the  alert  to  prevent  any  vessels  Init  those  of  the  Alask.i  Commercial  Coinpany  from 
captnriiig  seals  there.  Meetin<;  with  no ctlectnal  opiiosition  and  the.  cost,  of  litigation 
precluding  any  chance  of  success  lor  the  appellant,  the  Covernment  has  heco  i  e  more 
and  more  aggrehsive  until  tinally,  changing  from  a  defensive  to  an  otfeiisive  supervision, 
their  action  has  culminated  in  the  deliherate  seiznre  of  three  liriiish  sealing  schooners 
upon — whatever  a  national  gn^ed  may  declare  to  the  contrary — tlie  high  and  open 
seas — recognized  by  international  law  as  parted'  the  world's  gri;at  highway — free  to 
the  conunerce  of  all  countries,  and  a  natural  means  of  the  interconr.se  of  all  nations. 
It  is  laid  down  as  one  of  the  lirst  principles  of  maritime  and  cotnniercial  international 
law,  that  the  open  .sea  or  main  ocoan  is  like  the  atmosphere,  free  for  common  use  to 


144 


SKAL    KISirKRIKS    IN    HKRING    SKA. 


all  inankiiiil,  niul  can  not  liu  a))|ii'o|ii-i)iti!.l  hy  iiiiy  Ntat*;  ti<  tlii^  (>\('^liisinii  of  tin-  otIiorH. 
Htiariii;^  in  mind  rli<^  Ini^o  ini|iri(lialiility  of  tin-  a(;t  of  tlio  n>v)'iiiii'-ciitlfi'  not  li*<in;;in 
consonance  with  ^ovi  rnincntal  oriii-i>,  wlnit  do  wf  llnd  f  'I'iiata  nation  diNrc^aidin^ 
on  one  coast  tin-  ltd!  of  tin'  sea  literal  which  constitute.',  lie  iiiii)i<'  lie  ion;;  in;;  to  coast 
(lefeiihCH,  isiicinallv  aHsninin;;  on  another  coast  Hiipreiin"  maritinie  JiiriNdiction  over  a 
waste  of  waters  coiiiiirisin;f  half  of  the  northern  |Mntioi,  of  a  vast  ocean.  In  the 
exercise  of  this  self-!iiid;;ii ted  iiiitlKnity  foreiy;n  mercantile  vessels  ari'  forcihly  seized, 
ami,  with  their  car;nocH,  are  decliired  conlisealeil ;  winle,  with  a.i  nniiccoinitahh-  inu;f- 
naiiimity,  the  crews,  alter  lieini;  landetl  al  an  Ameiican  |i(M't  nniny  hiiiidredsof  miles 
distaiH  from  the  scene  of  their  (ttiptiire,  are  allowed  to  ^^o  ai  larye.  It  miiy  he  ad- 
vanced that  if  open  to  indiscriminate  capture  the  fnr  sciil  would  have  ere  this  ho- 
canie  extiiurt  or  neatly  so.  Miit  Ihoiiirh  this  has  liceii  the  case  with  the  seal  in 
soiithern  re;;ions,  it  is  a  fad,  which  deploriihle  as  it  may  he,  woiilil  I'lirnish  a  most 
(iinisy  excuse  to  a  (iovernmeiit  whose*  i'e;;iilal  ion  of  the  industry  in  Alaskan  wal(!rs 
is  jnompled  not  liy  philnnthropy,  inii  hy  strictly  mercenary  considciutioiis.  So  far 
lias  this  latter  disposition  carried  f  liem  as  to  cause  tliein  to  Uecoine  i<  sponrihle  for  an 
act  which  if  committed  hy  a  vessel  privately  miiniied  and  owned,  would  hear  hnr  one 
interpretation.  As  it  is,  the  act  is  one  that  is  rash,  a^-^trcssive,  and  in  the  (".ice  of 
whiil  isUiiowii,  hilterly  iinjnst,  and  is  already  sjiokeii  of  as  an  unworthy  meiiiis  of 
re])iisal  for  the  late  seizures  minle  iiy  (.'anada  of  Amerii'an  lishiii;;  vessels  on  th»>  At- 
lantic coast. 

The  sealin;j  sidiooniM-s  when  seized  Were  over  7i»  miles  from  any  land,  and  how, 
with  this  lad  liefon^  them,  the  United  States  (iovernmeiit  c;in  attempt,  with  any 
hIiow  (d'rciison,  tojnstily  tli  '  coiidii(!l nf  the  (")iiimander  of  the  t'onvin  it  is  dillionlt 
to  iniafiine.  With  wlnit  evi  leiice  we  have  at  hand,  the  seizures  and  ileleiition  .are 
manifestly  ille;ial  ;  and  re  pi  .'seiitat  ions  of  the  a  II  air  tliroii<;h  the  proper  tdlicial  clian- 
iiids  liave  already  lieeii  forv  aided  to  the  Home  (iovernmeiit.  Hrilain  is  mil  hclli;r- 
ereiit  ;  the  strensrth  she  p()>  *esses — iin|iiiited  hy  the  comnii'rce  she  loiidiKits  in  every 
(imirier  td"  the  fxiolu — she  d  es  not  misuse,  lint  she  lias'';;rit"  and  intconls  justice  ; 
ami,  while  respect  in;;  the  ii;r|il  of  ol  lier  nations  to  IraviMse  the  hii;li  seas  unmolested, 
oxpe(;ts,  and  is  in  a  position  to  secure,  rcco;;nition  of  that  same  ri;;ht  for  hersidf. 

II. 

[From  till' I  I'orllaiid)  Oieiiiiiiiiiii,  IJniteil  Stales,] 

Till':  AI..NSKA  I'liACK.  — si'.i/.iiii'.  ()!•   lutrrisii  sciiooNKit.s  IN'  i«i;iii{i\(;  ska. 

Nkwi'01{T,  AikjuhI  'iO. 
Editor  Oregonian  : 

The  seizure  of  the  Hii  ish  vessels  in  the  waters  of  Alaska  has  prohahly  rai.sed  an 
iHsiie  and  will  result  in  setllin<;  a<|in*stioii  of  ;r|'(.;it  importance  to  tim  American  peo- 
ple and  cspeciiiUy  to  the  jieopie  of  tht^  Pacific  (-oast. 

Of  all  the  hlnndi^rs  <ir  frauds  commitled  hy  the  Republican  party  there  is  jirobably 
none  more  palpabh*  or  positive,  yet  better  concealed,  than  the  a<;(iiii.sition  and  di8])o- 
sition  of  Alaska.  And  it  seems  stran;;e  that  our  peoide  could  rest  so  lon^  Hiul  so 
(piietly  under  so  {j;reat  a  wron;;  iis  has  been  committed.  T!;t!  |tnrcliase  of  Alaska  from 
Russia  was  all  ri;(ht.  It  was  a  ;;ood  investment,  and  reflects  credit  on  Sec^'etary 
Seward  and  the  administration  that  consiimmatiMl  the  purchase.  Bat  the  dispositiou 
of  it  afterwardK  *v.is  all  wrom.;,  and  is  a  ;;ross  injustice  to  the  American  people,  and 
is  a  piece  of  secret  history  that  may  never  b*;  written. 

Let  ns  br'elly  view  the  facts.  Alaska  was  boii^^ht  for  about  $7,000,000,  ami  paid  for 
otit  of  the  coimnon  treasury  of  the  United  Stiites,  and  then  what  was  done  i  Was  it 
thrown  open  to  settlement,  so  that  American  citizens  could  search  out  its  hidden 
wealth  and  develoji  its  wonderfiil  resources:  No,  but  on  the  contrary  it  was  closed 
Tip  like  a  sealed  book  iiiid  handed  over  to  the  caro  and  custody  of  a  i)rivatt.'  corpora- 
tion to  draw  uiillicnis  from,  while  American  citizens  were  carefully  excluded  or  hunted 
like  pirates,  if  they  ventured  within  its  limits.  Of  course,  it  is  clainmd  that  the 
Alaska  Commercial  ("ompany  merely  aeciuired  the  ri;;ht  from  the  Government  to  the 
two  small  islands  of  St.  Geor;;e  and  St.  Paul.  But  let  any  person  attempt,  to  lit  out 
a  small  ves.iel  for  the  jnirpose  of  tradin;r  or  huntiii;;  in  Alaska,  and  he  will  soon  dis- 
cover that  the  Alaska  Commercial  Company  are  sovereigns,  and  reign  supreme  over 
all  the  broad  territt)ry,  and  the  collectors  of  customs  and  all  the  revenue  otticers  of 
the  Government  seem  to  be  their  servants,  and  stand  ready  to  do  their  bidding.  I 
Haiti  the  rights  aciiuired  by  this  company  are  a  part  of  the  secret  history  of  the 
country;  how  they  obtained  this  valuable  franchise  nniy  never  be  known  to  the  pub- 
lic, but  it  is  (daiiiK^  I  by  many  that  it  was  simply  the  result  of  downright  bribery  and 
corruption  from  Geieral  Grant  down  through  each  department  of  the  Government. 
And  money  has  been  poured  out  freely  to  obtain  and  maintain  their  ill-gotten  rights. 


I 


SEAL    PISHKRIEH    IN    BERING    SKA. 


146 


I 


But  it  would  take  ton  iiiiicli  i)f  yniir  valiiabin  Hpnce  to  (Hhcuhh  all  that  Ih  involved  in 
tluH  |)ti  tiitt  <|iii'Htii)ii.     I'IiIn  )i;raH|)iii;r  tiioiiopoly,  not  satistii>d  with  tli*«  nlinoHt  ex- 

(■luHi^  ,ri)l  of  tliiN  vast  domain,  containing  ovurftdO.OOO  Nciuant  niilos,  now  »Hmini» 

Iho  <t\\ ...  iHliip  of  tli<<  Brlirin)^  Sea,  and  an*  cinployin);  tlit'ir  .scrvantH,  tlio  roveniie 

otllcialH,  to  hunt  down  and  Hci/.t^  tho  litt!«  hunting  vessels  that  Inivo  I n  K"''iK  "P 

lher»  tor  thi<  pa.st  tVw  yctirs  to  hnnt  lor  nciiIh  in  tlie  oiicn  .s<<a.  But,  fortnnatt'ly  for 
American  citizens,  tliey  liave  jiroliahly  >ione  a  Htep  too  tar,  and  l>y  sei/.injr  tlm  British 
vesHcls  the  <|neNti(in  of  tliis  conipun.N's  title  may  he  tested  and  decided. 

The  (pieHtion  may  l)e  asited,  How  ilid  tlu«  AlaHiva  (Commercial  Company  acqnire  a 
title  to  Beliiinn  Scji  '  I'^'rhnps  it  may  l>e  aiiHwered,  tVom  the  United  Slates  (iovern- 
ment.  Well,  iiow  diil  the  I'nilcd  .Slates  (Jovernment  olilain  the  title?  It  may  he 
aiiHWered  a^iain,  from  Rnssia.  Mnt.  wiien  and  liow  did  Russia  evei-  oliiain  exclnsive 
contnd  of  tiiis  vast  sea,  and  hy  what  liyht  did  she  convey  it  to  the  Uniled  States  F 
Kor  it  apjieais  thai  in  thf  conveyance  oi'  ihis  territory  hy  Rnssia  to  the  I'nited  Statt^s 
they  drew  the  divitiin;;  or  hcnimlaiy  line  down  ti)rony;li  tiie  center  (d'  B<dirin)^  SlraitH, 
and  tJKMidown  thion^h  the  Alentiaii  Islands  to  the  meridian  ITIt  dei^iecs  west  lonjji- 
tnde.  May  they  not  as  well  have  eontiiiued  the  lincHonth  thr(>n<;h  the  Pacilic  Ocean 
to  the  Sonth  I'ole,  and  thus  divided  Ihe  whole  Racitic  hetween  the  I'niti-d  .States  and 
Rnssia.  I  say  it  is  fortnnate  that  thesi'  Mrilish  vessels  have  hecn  sei/.td,  hei-ansu  by 
this  means,  and  pi'oltivl>ly  mily  l>y  sindi  means,  could  one  ever  hope  for  a  satislactory 
solntion  ul'  this  i|ue»tion. 

It  would  he  a  ho)ieless  n' dertakin^j  for  an  oliscure  citizen  of  small  means  to  seek 
redress,  eithei'  through  our  courts  or  tlu'ou<;h  ('on^^re.ss,  for  wronj^s  iiillicted  upon  him 
by  this  soulless  and  overlieai'iny;  company.  The  immense  profits  acci'i|tii;f  to  the  com- 
jiany  frtun  their  franchise  iilfords  them  the  means  to  head  olf  lejjal  redress  ami  to  con- 
trol ConfrrcHsmen  by  subsidizinj^  them. 

Once  in  awhile  the  (!o\'ernment  sendsoiit  a  ctMiimiHsioner  to  examine  into  the  coin- 
l>any's  alVairs,  to  sc/  if  Ihey  kill  the  coirect  number  of  seals,  etc.  When  he  arrives 
in  San  Francisco,  a  fnie  steamer  is  leady  to  receive  him  and  convey  him  to  tlie  ishimls, 
and,  heiny  so  niicly  treated  ami  entertained,  he  could  hardly  fail  to  find  cverythinif 
all  right. 

Then  he  returns  to  \Vashinj;t(m  and  thi^  comitany  reiiuircs  the  service  of  an  a<;eiit 
to  watch  Coii^ircss,  and  sec  that  no  unfavorable  lc;;islaHon  is  ena''tcd.  So  lui  natt* 
paid  by  the  (ioveiniiient  to  watch  the  coiupiny,  and  jiaitl  l»y  the  company  to  watch 
tlie  (joveinnient,  and  conseiiiuMitly  his  trip  is  a.  very  I'leasant  and  |>rolitable  one. 

Our  it^venne  vessels  have  l)eeii  kept  criiisiii;^  in  the  Alaskan  waters  for  years,  undi'r 
various  pretenses,  hut  their  real  business  is  to  watch  the  li!  li'  traders  and  hunters, 
and  to  jtrotect  the  inten^sts  of  the  Alaska  ('ommercial  Company.  They  ;l;o  ther(^  to 
prevent  tiadin;;'  and  they  hecome  traders  themselves.  This  hits  lieen  bron^jht  home 
so  closely  to  the  (iovcrniiieiit  that  notice  had  to  be  taken  of  it  and  a  check  placed 
upon  it. 

But  1  must  really  he;;  pardon  for  making  this  article  so  long.  The  only  point  that 
1  really  intended  to  call  attention  to  is  the  new  (inestion  that  is  raised  by  tlie  seizure 
ot"t!>ese  Vessels.  l)oes  tilt;  lease  of  the  Alaska  Commercial  Company  give  them  the 
excdiisive  use  of  I'leliring  Sea  f  Will  England  admit  this  if  I  think  not,  ami  it  is  to  be 
hoped  she  will  not.  If  we  have  a  corporation  so  powerful  thit  our  (Jovernment  can 
not  control  it  perhaps  ICiigland  may  ludp  iisont.  lliiiniliating  as  this  may  H<*eni,  it 
is  better  than  tin*  ])resent  state  of  alfairs.  It  were  as  w«dl  that  Alaska  had  remained 
Russian  territory  as  to  h;iv<'  become  Ameiican  only  in  name.  By  publishing  this 
and  getting  public  attention  dii'ccted  to  this  subject  you  may  aecomidish  great  good 
and  contribut«»  largely  to  pii-vent,  a  renewal  of  this  infamous  lease,  and  thus  break 
up  an  overbearing  and  oppressive  monopoly. 
Rt.'8i»ectfullv, 

J.    .1.   WiNANT. 


[iDclosiire  8.] 


Copy  of  letter  fvom  Daniil  Mimroc,  mmtrr  of  xchooner  Onward. 

Schooner  Onwaro,  I'oirr  Imomk, 

Ootialaskn,  JmjuutT,  IHNi. 

l)KAi{  Sm  :  On  the  2d,  while  the  Onward  was  in  latitude  54"  W  N.,  longitude  1G7^ 
.""ir)'  W.,  and  about  Tt)  miles  from  the  nearest  land,  the  United  Stales  revenue-cutter 
Corwi tt,  having  the  schooners  Thointoii  anfl  Carol hia  in  tow,  boar«led  lis  and  sent  a  crew 
on  board  and  towed  us  in  here,  where  we  are  lying  at  ])resent,  with  sails  bent  and 
seals  on  board,  and  a  watchman  in  charge,  but  can't  liiul  ont  what  they  intend  to  do 
with  us,  so  I  can't  say  anything  more  al>oMt  it  a^  picsent. 

I  met  the  Favorite  on  tin!  '.iHth.     ('a|)taiii  McLean  was  on  board  of  us.     We  gave  him 

S.  Ex.  100 10 


146 


SEAL    FISriERIES    IX    HERING    SKA. 


508  skins  iiiid  tlicy  liail  l,-i90  tlicy  ti>.:'«.  tliiMiisclvcs,  iiifikiny;  tliciii  I'l.oiit  l.HOO  total  : 
and,  art  \v(^  'vcrt^  in  si;; lit  of  t-afii  otli.-r  .iiitil  ilif  ni;;lit  of  the  1st  iTisfaiit,  lif  imiHt  havo 
iiiude  a  }j;o()(l  cafcli,  for  we  have  liH' sUius  on  lioai'd  at  in'i'scnt  that  \\i'  took  iti  four 
dayH,  and  I  .'uii  i)oKiIiv()  lii.s  cro^vd  could  taku  twice  lliat  niinilxT.  as  wc  have  not  yot 
tlie  best  of  scalers. 

I  liclieveall  the  iselinoiiers  done  \vi  il,  and  I  trii«t  they  will  j-et  aw.-iy  all  ri^jlit.  ThertN 
is  no  cutter  our  at  present,  as 'liere  in  only  two  of  them  u\)  Ihtc,  on  ii'  tlieiri  np  in 
fbe  Arctic,  and  the  other  tiiat  hroiiiiht  ns  hero  i.i  still  wateliinj^  ns  '    re. 

Wo  may  find  ont  to-day  h<.\v  they  Jire  fjoiiic;  to  disiiost!  of  ns,  hat  I  am  in  liopes 
vhey  niado  fals(!  stejis,  and  that  they  can  do  nothing;  more;  ihan  spoil  the  season. 

They  took  the,  scIiooikm' .S«(i  L'ifijo  in  here  ahoiit  a  niontii  a<^o  and  took  the  skins 
ont  of  her,  an:S  niibent  her  sails  and  pnt  everythinji  ashore,  an<l  iluy  are  sendinjj;  the 
crew  to  San  Krancis<-o  to-day  iii  one  of  the  Far  Company's  sfeanh-r^.  St.  Paul. 

Lut'T  on,  liave  In-ard  nothing  more.,  i<n!v  the  crews  of  the  Thoruioii  and  Carolina 
are  goiiifj  to  San  Francisco  to-  i;>y  in  the  st.  anier  St.  I'aiil,  except  the  captaiu  and  one 
man  of  each  vessel,  hnt  they  took  none  (d'(^ar  crtnv. 

Thert!  are  rumors  atloai  tliat  the  three  sctuxniers  aie  to  he  laid  nji  here  all  winter, 
and  that  've  are  to  he  taken  to  Sitka,  hnt  no  certainty.  1  wrote  ,\oii  this  morninfif  »•: 
the  hojit  was  having  the.  \\  harf,  thinking  that  she  was  {^oiiij^  awa>',  hnt  she  came  to 
anchor  in  the  loatis,  and  I  dnn't  think  I  finished  it  ;  1  was  afraid  of  heinj;  hii^'.  We 
sent  a  protest  on  board  the  cntler  af^ainst  t  iie  action  of  thi'  anthorities  in  seizing  the 
vessel  on  the  hi>{li  seas,  hut  I  don't  know  if  it  will  anionnl  to  mucli  ;  there  is  no  notary 
public  here  to  si<;n  it.  I  h.ave  notbiii;^niore  to  write  yon.  Trnstin}^  thinj^s  will  tnrn 
out  better  than  we  expect, 
1  remain,  etc., 

Dam..  MiNHoK. 

CltAULKS  Si'niNCi,    Ks(|., 

f'ictinid. 


I  Iiiclosiiri-  0. 1 


Mr.  Willhnn  MiDi.sic  'it  tin'  Hon.  Cenri/r  K.  I'oslcr. 


ViCTOHIA,    I^I!ITI>il    Cnl.IMItlA,     XiiViillhrr    i.'',    lf<rt). 

l)i;Alf  Siii :  .\s  our  seaiini;  sclioom  rs  will  leave  N'ic'ori.i  on  oi' ;ih(iiit  'lie  UMhof 
Decemiier  lor  the  sealii  <j;  expeditions  of  IKsT  many  of  tiii'ni  will  uotreinMi  to  Vic- 
toria until  Sept e nil II  r,  or,  in  otle'i'  w  ords,  not  until  ill*;  Hehriii;,;  Sea  trip  is  cuinpleted. 
We  are  exceediinily  aiiNJoiislo  know  what  is  bei;,y;(|oiie  ill  the  case  of  our  sei/.ed 
vessels,  and  wheiher  or  not  we  may  look  for  j)r<'teei  ion  .•lJ^ain^t  wlni!  we,  and  even 
tht^  ,\uieiicaii  i)V(  ss,  is  ]iiease(|  to  tei'Tii  |>'raey.  We  h:ve  no  oica^ioii  to  iuteilere  with 
the  Alaska  Comniereial  ('<uii|>aiiy's  rights  on  the  I'rilioloif  Isl.auds,  iKirdo  oiii  vessels 
come  anywhere  near  1,'ind.  'I'lie  fact  is  we  take  oiit  '.'.t  >e;i  fioni  oU  to  lt'0  miles,  what 
the  lion.  II.  Elliot,  of  the  Smiths(;nian  Inst  it'.t ion,  in  his  n-poi't  of  1S74,  on  the  Seal 
Island,  «^•ll!s  bachelor  seals,  or  those  not  rt<niiicd  on  brecdiiijr  '^^roniids,  to  which  re- 
I»ort  I  would  iu  pleased  to  draw  your  iJteiii  ion.  Thi'  industry  is  of  toomurh  imj)or- 
taii<'e  to  ','aiia<la  to  allow  the  Alasi;a  (,'oiiniiercial  Coinpany  to  dictate  ■,vho  shall  and 
who  shall  not  take  seals  (ui  the  liiuli  or  I'elirinj;-  Sea. 

For  the  season  of  1SS(!  theie  was  bii'ii;^lit  into  Vi>'loi'ia,  from  the  I'acilii'  Ocean  i;!.i! 
Ib'liiiuf:;  Sea,  ami  .•^hipped  I  hen  fioni  to  Kh;;laiid  and  the  United  States,  .Mi^cDd  skins, 
Viiliied  at  abo:il  S;{or),(lil|l.  It  is  evident  that  the  business  is  worth  jn'otect  in^;.  .Inst 
here  allow  me  to  con)  raiiict  ;i  stateiei'iit  made  by  Sjieeial  .Vj^i'iit  Sinjili,  of  the  ITnited 
States  Treasury  l)e]iartiiient,  in  which  he  says  that  threc-loiii-ths  of  the  scala  shot  in 
tlui  w.'iter  sink  and  an^  lo^  t 

From  the  exiierience  of  our  hunters  1  mainlaiii  but  a  siiiall  itercenta^e  is  lost  in 
this  way,  piobjildy  not  over  one  in  lii'ly.  I  doubt  if  the  loss  is  as  j^reat  as  t  liai  eimsi-d 
by  the  reji'c  ion  of  skins  after  beiiiir  clu'-b.etl  by  the  .\laska  ('e.iimercial  (^uiipany  on 
the  islands,  to  which  rcfei-enee  is  madi  in  the  tables  of  Elliot's  repiufc,  The  Amer- 
icans tbcmselvi's  iii  l^'il  reiiiii'ciatcd  III  isia's  claim  to  the  liehriuu;  Sea,  when  iviissia 
sei/.ed  the  Koston  brl;^ /V(/;  /  for  w  hali  <i.  Two  years  later  Ru.ssia  had  lo<;ivothe 
vessel  u))  and  pai<l  ilama;ies, 

111  coiudiisiim  I  may  say  that  the  Kci/eil  skills  are  li.'ibl'i  to  be  valueless  on  acciuitit 
of  ne^ilect.  Ca|)tain  ();;il\ii"s  bo'iy  has  Ix'cn  discovered.  A  jury  was  impaiuded, 
and  a  verdict  was  ;;iveii  in  aeetu'dance  with  the  tacts  (d"  tlu'  cjise.  Ilopiii^;  you  may 
be  pleased  to  advise  us  in  this  matter  bcl'oie  our  vessels  sail,  you  will  confer  ii  j^reat 
favor  on 

Vour  most  obedient  Mcrvant, 

W.M     Mt'NSIK, 

I'k'loriii,  Hi'itinh  I'oluinbia. 


SEAL    FISHERIES    IN    BERING    SEA.  147 

No.  lis. 
Mr.  Stanhope  to  Lord  Lansdowne. 

[Telefjram  from  the  secretary  of  otiite  for  the  colonies  on  tlie  Ist  of  Dccvmber,  1886.; 

Her  Majesty's  Govenirneiit  lias  matle  a  imitest  againsl  tlie  seizures 
by  the  United  States  of  Caiuulian  schooners  in  Ahiskan  waters.  An 
authentic  report  of  tlie  trial  is  awaited  by  the  United  States  Govern- 
ment. 

Secretary  of  State. 

The  GoViiRNOR-GENERAL, 

Ottaicn. 


•*  No.  1]1>. 

Lord  Lansdowne  to  Sir  L.  West. 

Ottawa,  December  9,  1886. 
Sir:  With  r».ference  to  the  administrator's  dispatehcf,  No.  15  and 
10,  of  tlie  28th  September  last,  1  have  the  Honor  to  forward,  for  your 
information,  a  copy  of  a  dispatch  whicii  I  have  addres;u'd  to  th.e  ri^^ht 
honorable  the  secretary  of  state  for  tlie  colonies,  traiismittii,},'  a  co|)y 
of  an  approved  rejmrt  of  a  commirtee  of  my  i)rivy  council,  lated  the 
20th  ultimo,  dealiu};  with  tiie  seizure  of  tlie  Canaiiiaii  sciiooiiers  Caro- 
lina, Onward,  and  Thornton  by  tlie  United  States  revenue-cutter  Cor- 
win  while  tishmjj  for  seals  in  Lehiiiig  Sea. 
1  ha\ »',  etc., 

Lansdowne. 

31INISTER  at    WASIIINGiON. 


No.    120. 

Sir  .'    Wrst  to  the  }inr<iniN  of  Lansdon-nc. 

\Vasiiin(1TON,  Ihrnnher  12,  lS8(i. 
Mv  Lord:  1  have  the  honor  to  a(;lviiowIcd<je  the  I'ceipt  <»f  your ex- 
<!ellencv's  dispatch  No.  82,  of  tiie  JHIi  instant  iiiciosinjr  for  my  informa- 
tion copy  of  a  ilispatch  and  (»f  its  inclosiin's  add  .sscd  by  your  cxttel- 
lency  to  t'le  secretary  of  state  Ibr  the  colonics,  dealiiiu- wit Ii  tlie  seizure 
of  the  ('anadian  scliooncrs  Candina,  Onirard,  and  Thornton  by  the 
United  States  revenue-cutter  Corivin  whih^  lisIiiiiLf  tor  .seals  in  UehritiL'' 
Sea.  "  ^ 

I  have,  etc., 

L.  S.  Sackvilt.k  West. 
His  Kxcelletiey  the  Mar  (lis  oF  Lansdowne,  G.  C.  >L  G. 


148 


SEAL    FISHERIES   IN    BERING    SEA. 


No.  121. 
Mr.  Stanhope  to  the  Marqtiis  of  Lansdowne. 

Downing  Street,  December  16, 1886. 

My  Lord  :  "With  reference  to  my  telejfraiu  of  the  1st  instant,  respect- 
ing the  seizure  of  Canadian  sealinj?  scho<niers  in  liehring  Sea,  I  have 
the  honor  to  transicit  to  you  for  conimunication  to  your  Government 
copies  of  the  letters  noted  in  the  margin,  with  their  inclosures,  which 
have  been  received  from  the  foreign  office. 

It  will  be  seen  that  the  United  States  Government  are  awaiting  an 
authentic  report  of  the  proceedings  in  question  before  replying  to  the 
representations  made  to  them  by  fJer  ^Majesty's  minister  at  VVashing- 
ton. 

.  I  have,  etc., 

Edward  Stanhope. 

Gov.  Gen.  the  ^NFost  Hon.  the  Marquis  of  Lansdowne,  G.  C.  M.  G. 


[IiiclOHure  1. 1 

The  Foreign  Office  to  the  Colonial  Office. 

FoHEiGN  Office,  Xoremher  16,  18H6. 
Sir:  With  reference  to  the  letter  from  tluH  oHice  of  the  the  'Jth  instant,  I  am  di- 
rected by  the  secretary  of  state  for  foreifra  atlfiira  to  tranHinit  to  yon,  to  be  laid 
before  Mr.  Secretary  Stanhope,  copies  of  dispatches,  as  niarlvcd  in  the  nnirgin,  from 
Her  Majesty'*!  minister  at  Washington,  relating  to  the  sei/.nre  of  sealing  schooners  iu 
Behring  Sea. 

I  am,  etc., 

T.    V.    LlSTKR. 

The  UxDEK  Skckktakv  of  Statk, 

Colonial  Office, 


lliiflosuro 'J.] 
Sir  L.  West  to  the  Earl  of  Iddealeigh. 


W>siuNCiT()X,  Octoher2l,  ItiSO. 
My  Loud:  Upon  the  receiptof  your  lordship's  dispatch  No.  181,  of  the  lUh  uitinm, 
I  immetliately  addressed  a  note  to  the  secretary  of  state,  in  accordance  with  the  in- 
structionH  therein  contained,  an«l  copy  of  wliicii  is  herewith  inclosed,  recinesting  to 
be  furnished  with  any  pi;.'ticnlars  which  tiie  United  htates  (iovernn"'nt  nniy  jtossess 
relative  to  the  seizure  of  certain  British  Columbian  seal  HclK<;;,ierH  by  the  United 
States  revenue  cruiser  Concin,  but  to  which  I  have  received  uo  rejtly. 

Upon  the  receipt  of  your  lordship's  telegram  No.  15,  o'.  yestenlay's  date,  I  id- 
dresoed  the  note,  copy  of  which  is  likewise  inclosed,  protesting  in  the  name  of  Her 
Majesty's  Government  against  the  said  seizires,  and  reserving  rights  to  compensa- 
tiou. 

I  have,  etc., 

L.  S.  Sackvili.k  Wk8t. 


SEAL    FISHERIES    IN    HEKING    SEA. 


149 


(IncloBurf  3.] 

I 

Sir  L.  ll'ent  to  Mr.  Jlat/artl. 

\Vasiiix<jton,  SeittemhiT  27,  188(5. 

Sik:  I  ha\o  tlie  lioiioi-  to  infornj  yoii  tliat  Her  Majesty's  GovfriiiiHiiit  have  ree«Mved 
a  teh'gniiii  IVoin  tlu'  comiiiaiKlfr-in-cliirt  of  Ih^r  Ma.jfsty'.s  naval  fort't's  on  tlio  Pucitic 
Station  reHiiectinjf  ilie  allc^fd  Htizuio  of  throe  Hritish  Colninltian  seal  schooners  by 
the  United  Sfat«'M  revenue  cruiser  Corivin,  and  I  am,  in  conHeqiUMice,  itistrncted  to  re- 
qnest  to  he  fiirnislied  with  any  particulars  which  the  United  States  (iovernnicHt  may 
possess  relative  to  tiiis  occnrreiice. 
I  liave,  etc., 

L.  S.  S.\(  Kvii.r.K  West. 


lIucIoHiirc  4.  J 
iiir  A.  ii'ent  to  Mr.  Bayard. 

WASiiixtiTox,  October  -il,  18HC,. 

Silt:  With  refertuice  to  my  note  of  the  'iTtli  ultimo,  re(|nestinju;  to  he  fnrnisiied  w^ith 
any  i)articulars  which  tlu)  United  States  (Joveninieut  nniy  jiossess  relative  to  the 
peiznre  in  the  North  l*aci(i(;  waters  of  three  British  Columbian  seal  schooners  by 
the  United  States  revenu«!  cruiser  Corwiii,  and  to  which  I  am  without  reply,  I  have 
the  honor  to  inform  you  that  I  am  now  instructed  by  the  Earl  <«f  Iddeslei-fh,  Her 
Majesty's  i)rincipal  secretary  of  state  for  foreijju  affairs,  to  jirotesi  in  the  name  of 
Her  Majesty's  GovernuuMit  agaiust  such  seizure,  and  to  reserve  all  rigiito  to  coinpen- 
uation.  ' 

I  have,  etc., 

L.  S.  Sacknii.ke  \V.<:st. 


jIiicloBiiro  .'>.] 
Sir  f..  U'ext  to  the  Karl  of  Iddt'Hicigh. 

WASIIINtiTO.V,   ()ctoblT'>l,  IfiSC). 

My  I.ord:  With  reference  to  your  lordshi|i's  t<degraiu  Xo.  1<>,  if  this  day's  d.-ite, 
I  have  the  honor  to  inform  your  lordship  that  no  answer  has  :i  yet  been  returned 
to  the  conimunicatiou  which,  in  obedience  o  the  instruirtiou'  mntainiMl  in  your 
lordship's  dispatch  No.  Iril.of  the  Dth  ultin  ,  I  addn-ssed  to  tin-  Secretary  ol  State, 
asking  to  be  furnished  with  any  particulars  which  the  '  nited  States  (iovernment 
may  jjossess  relativ,-  to  thti  seizures  of  Hritish  vt'ssels  in  i  i  ''ig  Sea,  and  that  1  liave 
at  present  no  know.  !ge  of  any  apical  having  !»een  m.idea;;  .nst  the  di-ciHions  ot  the 
United  Stat—i  courts  condemning  the  parties  concerned.  'I'healu've  inlormatiou  was 
telegraphed  lO  your  lonlship  this  day. 
I  have,  etc., 

L.  S.  Sa(  kvii.i  i:  Wkst. 


[IiicloHuro  (!.] 
The  Fontiijn  Officf  to  the  Colonial  Officv. 

FoUKIUN  Oi'KicK,  Xoirmliir  20,  1880. 

SiH  :  1  am  directed  by  the  Earl  of  Iddesleigh  to  requct  that  you  will  state  to  Mr. 
Secretary  Stanhope  that  the  telegram  fnun  the  governor-general  or('ana<la,  relatin;_' 
to  the  seizure  of  liritish  Hchooners  in  Hehring  Sea,  which  accomiianied  your  letter  r 
the  14tli  instant,  has  bei-n  «'omuiunicated  to  ller  Majesty's  minister  at  Washington. 

1  mil  iM)w  to  transnii'i,  to  yoi?  a  telegram  received  from  Sir  1j.  West  in  reply,  and  1 
am  to  state  that  the  dispatch  numbered  '2.'>0,  to  whi'  h  he  alludes,  has  not  yet  been 
received,  and  that  a  copy  of  it  shall  be  communicated,  for  Mr.  Stanhope's  informu- 
tion,  iiuinediatuly  on  its  arrival. 
1  am,  etc., 

T.    V.   LiSTKK. 

The  Undkr  Skckktakt  ok  Statk, 

Colonial  Office. 


150 


SEAL    FISHERIKS    IN    BERING    SEA. 


.  [Inclusuru  7.) 
Telegram  from  Sir  L.  U'vat, 

NOVKMBKU  11),   1886. 

Your  loitlhliiii'H   toh'firain  No.  !2(t.     See  my  (liNpntch  No.  2r)0.     Secretary  of  State 
will  rejily  to  your  lordsliiii'w  No.  yi4  an  noon  as  posHibie. 


\1 


[Im^loBiiro  8. 


The  riinifjii  Offirr  to  the  f'olvuiul  (>J}Uv. 

I'OKKKiX    OKKKK,    So 

SlU  :  ^Vitll  n-i'.rfiice  to  the  letter  tVoin  tliis  ol'ticc  of  t  lie  •">tli  inst 
by  the  secretary  of  state  for  forei^rii  allairs  to  traiiHiiiit  to  yon,  to 
Secretary  Staiilioiie,  coiiifs  of  tvo  (lispatclie.M,  as  iiiarUeil  in  the  i 
Majesty's  niiiii.ste;-  at  W'a.'-lnujrton,  relatiii;;  to  liic  sei/iire  of  lishiiijj; 
waters. 

I  am,  etc., 

The  l'M>KK  Si  (  KKTAiiY  (»i-  Stati;. 

Colonial  Oj)ic<. 


rrmher  ' 

ant,  I  a 
be  laid 

marfj;in, 
vessels 


26,    18r!6. 

in  directed 

before  Mr. 

from  Her 

in  Alaskan 


T.    V.    LiSTKK. 


1  Iiiclosiiic  !(. 


Sir  I..    I' cut  to  the   I'lirl  tif  lild'xlnijh. 

Washington,  Xoronl'tr  {•>,  lf8G. 

My  LoiiD:  1  Iiave  tlin  lioiKir  to  acUnowledjii^  the  receipt  of  your  lordship's  dis- 
patch No.  '^14,  of  the  |{()tii  iiliimo,  relative  lit  the  sei/iir<'  of  the  schooners  CiiroUna, 
Ottuard,  and  ihnrHtnn,  in  ilie  waters  of  the  Nuithein  I'aeilic  Oeian.  ailjaeeiit  to  Van- 
couver Island,  <,>iieen  t/liarl"lte  Islniids,  aii'l  Alaska,  and  which  I'liriiied  t In^  snliject  of 
my  note  to  the  Seeictary  ol'  ."^tati;  of  lhe'.'7lli  .Sepii-iiilier  la.st,  to  which  no  reply  has 
been  received. 

At  an  interview  whitdi  1  hail  this  day  wilh  .Mr.  M.iyard  I  alluded  to  my  note,  .ask- 
in<;  for  .•my  particulars  which  tlie  I'nited  St.ilts  (iovi'iiiineiit,  iiii;;lit  possess  respect- 
inj?  the  si'i/iires  in  <iiieslioii,  and  he  immediately  said  that  he  mii.st  apoloii;izo  for  not 
liavinji  replied  to  it,  but  he  had,  lie  said,  as  yet  rect'ivt'd  no  rejjoit  of  the  procedure 
of  the  courts  in  the  matter,  and  ha<l,  for  t'.iis  reason,  del.iyed  his  answer. 

I  then  said  thai  1  was  instructed  to  make  him  aci|uainted  with  the  information 
witii  which  ller  MaJesty's(io\  eiiiineiit  hail  been  fiii  iiished  respeitinj;  this  iiialter,  and 
that  I  had  received  a  disi)aleh  to  thiseli'ect  from  your  hiidship,  the  siilistance  of 
which  I  iiroceeded  to  tiive  him.  lie  remarked  that  h(>  was  not  in  possession  of  the 
infornnilioii  contained  in  your  lordship's  dispatidi.  owinji,  he  ]»resumed,  to  the  com- 
mnnicatitui  with  Hnuland  l)y  \'ancoiivtr  Island  beiiii;  iiiiicker  than  that  with  Wash- 
injiton  by  I'ortland  lOreiion). 

In  f;ict,  h(^  said  tln^  Territory  was  not  i»roi)ei  ly  or;r.iii;/ed.  lie  had  not,  moreover, 
reached  the  exact  nature  of  the  ii;;liis  ceded  by  Russia  to  the  I'nited  St.ates,  Init  it 
seemed  cle.'ir  that  K'nssia,  previous  to  the  cession,  i'  ntiiide<l  that  Hehriiiy  Sea  was 
a  nier  ferme: ;  whereujion  I  remarked,  "ami  ayainst  which  contention  the  United 
States'in-otested."     "  Yes,"  he  replied,  "  at  Unit  time." 

Mr.  Bayard's  manner  was  most  ccuiciliatory,  but  he  evidently  wished  to  avoid  fur- 
ther discussion  <m  the  (contents  of  your  lordship's  dispatch,  of  which  he  asked  uie  for 
a  copy,  whicli  I  |>laced  in  his  hands. 
I  have,  etc., 

L.  S.  Sackvii.lk  \Vk8T. 

The  Eakl  ok  Iddlkhlkuui,  G.  C.  B. 


SEAL    FISHEHIKS    IN    BERING    SEA. 


151 


[Inclosure  10,] 
Sir  f..  fl'mt  to  the  Earl  of  IddcaU'igh . 

Wasiiinc.ton,  Xovtmbir  11,  1H86. 

My  Lord:  Witli  rcfcn^nce  to  my  diHpatch  No.  2'M,  of  tlio  *JlHt  ultimo,  I  Imve  the 
I'  lionor  to  iiicloso  to  your  lordship  hcnuvitli  copy  of  a  not*'  wlilcli  I  liiivi'  roct'ivnd  from 

the  Socrt'tary  of  8tat(?  oxplaiuiufj  and  a|)oloj;i/.iii;f  for  the  delay  whifh  liaH  occurred  in 
reidyinj;  to  uiy  note  of 'i~lh  Septemlter  last,  askiufj  feu-  information  reHpectiu;^  tlie  Meiz- 
ure  l»y  the  United  States  rev»v.iu<i-cuttcr  Coruiii,  in  the  l?e]irin<j  Sea,  of  British  ven- 
Kei.s,  and  notin<;  the,  jirotCHt  on  the  pariof  Her  Majesty's  Government  ai^ain.st  such 
Hei/,!ires  contained  in  my  note  of  "Jltst  ultimo,  copy  of  which  was  inclosed  in  my 
a  1)0 ve-men tinned  dispatcli. 
1  iiave,  etc., 

L.  S.  WK.sr. 
The   KaijI.  ok  n>l>KSM:i(;ii,  etc. 


(luflosure  11.] 

Mr.  lUujard  to  Sir  I..  U'tst. 

Dki'akt.mknt  oi'  Statk. 

Sik:  Tlie  delay  in  my  reply  to  your  letters  of  Septeniher  '21  and  Octoher  Ml  askinjj 
for  information  in  my  jiossession  conccrMiiii;'  the.  sei/urt^  hy  the  I'nited  States  revenue- 
cutter  Cortvin,  in  tin*  Helirin^Sea,  of  Britisli  vessels,  for  aa  allej;ed  viohuion  of  the 
la'"  '>f  tlie  United  Slates  in  relation  to  the  Alask.'i  seal  lislieries,  has  heen  eausid  by 
my  wailinjn  to  receive  from  the  Treasury  l)e|)iirtuient  the  information  you  desired.  1 
tender  the  fact  in  ai)olo;.;y  for  the  delay  and  as  the  reason  for  my  silence,  and  repeat- 
in;;  wliat  I  said  veriially  to  you  in  ou''  conversation  this  mornin;;,  J  jun  still  awaiting; 
full  ami  authentic  reiiorts  of  tiit>  judicial  trial  and  judgment  in  the  eases  of  the  seiz- 
ures referred  to. 

My  a]>plication  to  my  colleague,  the  Attorney-General,  to  procure  at)  authentic  re- 
port of  these  jirocecflings,  was  jvi  imptly  made.  :ind  the  del.'iy  in  furnishing  the  re- 
]>ort  doulitless  has  arisen  iVom  the  renmtem^ss  of  the  place  of  trial. 

So  soon  as  I  am  able  1  will  convey  to  you  the  facts  as  ascertained  ii  the  trial  and 
the  rulings  of  law  as  a))plied  by  tlu^  court. 

I  take  leav  '  also  to  acknowledge  your  communieaticui  of  the  "ilst  of  (^ctolier,  in- 
lorming  \\n'.  that  you  h;id  been  instructed  by  the  Ivirl  of  Iddesleigh,  Her  Maji-sty's 
;iriiicii)al  secretary  of  state  for  foreign  atiairs,  to  jtrotest  agai::st  the  sei/ure  of  the 
ves.sels  above  referred  to  and  to  reserve  all  rights  of  c(Mnpeiisation,  all  of  whiidishall 
reci.'ive  resi)ectful  coiisidei  at  ion. 
I  have,  etc., 

T.    V.    llAVAUf. 

Sir  L.  VVi:sT,  ktc. 


[IiuIij.Siirt!  1-.] 
The  Foniijit  Office  to  lhe\CoU)nial  Office. 

KoHKIGX  Okkick,  yorcinlirr  V'.>,   1^H(5. 

Sir:  With  rcA-ienci-  to  my  letter  t>f  tin?  JtJth  iiist.,  I  am  directed  by  the  sect  >tary 
of  state  for  f;!r^.ign  all'airs  to  trjinsmit  to  you.  to  be  laid  before  Mr.  Secretary  Stan- 
hope, copy  of  a  dispatch  as  uuirked  in  the  margin  ir,  r'.g.ird  to  the  seizun;  <d"  sealing 
schooners  in  IJehring  Sea. 
I  am,  etc., 

T.    V.    LiSTKll. 

The  Undkk  Secrktary  ok  SrATK, 

Colonial  Office . 


[Iiicloniiro  i:t.]  . 

Sir  /,.  S.   IVcst  to  the  Karl  of  Idihxlriiih. 

\Vasuis(JTon,  Xoviviher  lit,  ld8(i. 

My  L«)KI>:  Upon  tin?  re<'eipt  (d'yonr  hudships  telegram  No.  Id  of  yesterd.ay'n  date, 
I  Nought  nil  interview  with  the  Secretary  of  State  and  asked  hiin  whether  lie  hu«l  re- 
ceived theonicial  report  of  tlie  luoceeding.s  of  tiie  court  at  Sitka  (Alaska)  against  the 


152 


SKAL    FISHERIES    IN    BERING    SEA. 


Britiub  vohscIh  seizod  in  liehring  Soa.     Mr.  Bayard  repliwl  in  tbe  iicpitive  and  Haid 
that  he  bad  been  uryinjj  tbo  Attorney-General  in  tbe  nnitter  Hince  be  last  saw  me. 

It  wonid  be,  be  continned,  a  eoiii]tlicated  (jiieHtion  of  jiiriHclietion,  for  be  had  been 
told  that  many  of  tbe  weal  skins  fonndon  board  British  vessels  were  skins  of  seals  which 
had  not  been  shot,  bnt  elnbbed,  which  proved  that  a  landinjj  had  been  elfected. 

Hesai<l  that  he  wonld  re])ly  to  yonr  lordship's  dispatch,  \viii<;li  I  had  comuiunicate<I 
to  him,  as  sooti  as  possible. 
I  have,  etc., 

ii.  Sac'KVIi-j.I':  Wkst. 

The  Eari,  of  Iddeslkkjh,  etc. 


No.   11>2. 
Colonial  Office  to  Lord  Lansdoime. 

DowNTK(;  Street,  January  14,  1887. 

My  Lord:  I  am  diioftcd  by  tlio  .^ocrctJiry  of  state  to  transmit  to 
you,  for  tlio  information  of  your  (loverumiMit,  tlie  (lotunient  specititMl 
in  tbe  annexed  schedule. 
1  have,  etc., 

liOUERT  (4.  W.  Herbert. 

The  officer  adininifiterinfj  the  Government  of  Canada. 


[Iiiclosure.] 
Foreign  Office  to  ('oloiiial  Office. 

EoRKiON  OkI'ICK,  Janiiaiy'S.i,  l."^87. 

Sir:  I  am  directed  by  tlie  secretary  of  state  for  foreijin  afhiirs  to  re(|iu'st  that 
you  will  inform  the  st-crctarv  of  state  bir  the  colonies  that  Her  Majesty's  minister 
at  WasbiiiKton  has  reported  that  the  I'liili'd  States  shi]»  ThctiK  bus  bten  ordered  to 
join  the  I'acitic  s(|nadron,  and  will  be  employed  in  tbe  waters  of  Alaska. 
1  am,  etc., 

r.   W.  CCRIMK. 
Tbe  Undkr  Skcketakv  of  Statk, 

f'oloiiial  Office. 


ti 
ii 
S 
a 


No.  i-'a. 

Lord  Lansdowne  to  Mr.  Sktnhope. 

Ottawa,  Januatif  13,  1887. 

Sib:  With  reference  to  jjrevious  (!orres|)ondence  resjM'ctinjj  the  seiz- 
ure of  Canadian  sealiu}?  schooueis  in  liehriujr  Sea,  I  have  tlie  honor  to 
transmit  to  you,  in  order  that  reparation  may  be  sought  f iom  the  United 
States  (lovernment,  a  eoi)y  of  an  apjiroved  rei)ort  of  a  committee  of  the 
privy  council  of  Canada,  submitting;  papers  containing;  full  statements 
of  claims  for  damajre  sustained,  and  (!omj)ensatiou  (lemanded  by  the 
owners,  masters,  and  mates  of  the  schooners  Onuard^  Thornton^  and 
Carolina. 

I  have,  etc., 

Lansdowne. 

Right  Hon.  Edward  STANnorE,  etc. 


SEAIi    FISHKRIES    IN    BERING    SEA. 


153 


|Tni'Io8ure  1.) 

Certified  copy  of  a  rrport  of  n  rommittie  of  the  honorable  the  priri/  council  for  Canada,  ap- 
proved bji  hin  esctllency  the  govcnior-yiiicral  in  council  on  the  'Ard  ifanttari/,  1887. 

On  a  report,  dated  '27th  Dcrcinhcr,  1880,  from  tlie  iiiiiiisttT  of  nmrino  and  fmlieries, 
Bubniittin^  paptTH  containing  fnll  HtatemcntN  of  rlainis  for  dania;i;e  Hn.stainod,  and 
conipeiiHation  deniandtd  by  tlie  owners,  masterH,  and  mates  of  the  Healinji  schooners 
Onward,  Thornton,  and  Carolina,  which  vessels  were  seized  hy  the  United  States  rev- 
enue-cntter  Corwin,  in  Hehrinj^  Sea,  in  Anjinst,  188(5,  and  coneerninjr  which  full  ror»- 
rosentations  have  been  made  to  Her  Majesty's  Government  in  dispatches  bearinjjdi'.te 
respectively  the  '2'.'A  and  y4th  of  September,  and  the  yi)th  of  November,  1881),  ami 
recommendinjj  that  copies  of  the  same  be  transmitted  to  the  rij^ht  lion,  the  princip.'il 
secretary  of  state  lor  the  colonies,  in  order  that  reparation  may  be  sonyht  from  th>' 
United  States  (iovernment  for  all  damajj;es  ai'id  loss  to  Ibitish  subjects  eonseiiuent 
upon  the  ille^jfal  action  of  the  Unitetl  States  ofHcers  in  the  cases  referred  to. 

The  committee,  conenrrinj;  in  the  above,  advise  that  your  excellency  be  moved  to 
transmit  copies  of  tin;  paiiers  aceor<lin;jly. 

All  which  is  respectfully  submitted  for  your  excellency's  approval. 

.JoH.N  .J.  M'Gkk, 
Clerk  I'rivji  CotincU,  Ctniada. 


flncloKiire  2.| 

SiATKMENT   OK    CLAIMS   OF   OWXKltS   AND   OlFICKIlS   OF   SCUoONFlIS    ONWAIil),    CAKO- 

I.IXA,    ntOHNTON,    AND   FAVOKITi;. 

I. 

The  chiini  of  Daniel  Mnnro,  mauler  of  the  Jiritinh  .schooner  (hiuard. 


aim  against  the  Govemnniit  of  the  United  States,  or  whom  it  may  concern, 
ini  ofeijjht  thousand  dollars  (■'riH, ()()(). OO)  for  loss  of  wa<^es,  layout,  dai'iaj^es,  and 
unity  for  illej;jil  seizure  of  the  schooner  Onward,  by  the  commander  of  the  United 
8  steamer  Coruin,  in  the  Rehrinjis  Sea,  on  the  lirst  Au>.'ust,  18"^(>  (or  thereabouts) 
i)r  detention  an<i  subscfiuent  wi-on<;ful  imprisonment  i  i  ga.)!  at  Sitka. 


I  claim  against  the  Govemnniit  of  the  United  States,  or  whom  it  may  concern, 
the  8UI       '■••■•>  ,   ■  ,.        ,..,„........,  ... 

indcmi 

States 

and  for  detention  ami  subscfn 

Danif.i,  Mi:ni{<k, 
By  Edoaii  Ci!(/W  JUkkis, 

ll)s  Jtlornci/  in  fact. 

VlCToniA,  B.  C,  2()//(  October,  1886. 

n. 

'J'hc  claim  of  ll<inn  (intlormnen,  niantcr  of  the  liritinh  nchoontr  Thornton. 

I  claim  aKainst  the  Government  of  the  United  States,  or  whom  it  may  concern,  the 
sum  of  eifjht  thousand  dollars  (^8,0(io.(l(i)  foi'  loss  of  waj  ■>,  layout,  damajics,  and  in- 
demnity for  illegal  seizure  of  tlie  schooner  Thornton,  by  tiie  commander  of  the  United 
States  steanuT  Corwin,  in  the  Beluings  Sea.  on  the  Ist  August,  18^(5,  and  lor  deten- 
tion and  Nubsci|nent  wrongful  im]>risonuieut  in  gaol  at  ."•ilka. 

Hans  GrT'oitMSKN, 
By  Kd(;ak  ("how  Baki:r, 

His  .itiorni  1/  in   I'lict. 
VICTOKIA,  15.  ('.,  i!0//(  Octohtr,  Ipt^;. 

111. 

British  Columbia,  io  vil :  Damntjei*  rlaimcd  hi/  the  owner  of  tnhooner  Carolina  in  rrnpect  of 
her  seizure  hy  the  I'nited  UtatcH  S.  S.  Coruin,  while  fishing  in  Jiehrimjx  iSra. 

I,  William  Munsie,  of  Victoria,  B.  (,'.,  owner  of  the  British  schooner  Carolina,  dn 
solemnly  and  sincerely  declare : 

(1)  That  the  value  of  the  said  vessel  at  the  time  of  her  seizure  by  the  United 
States  S.  S.  Corwin  was  84,000,  and  the  cost  of  her  outfit  when  she  left  Victoria  for 
the  Behrings  Sea  was  $:J,000. 


^ 


154 


SEAL    riSlIEIJIES    IN    HKKING    SKA. 


(2)  Tliat  kIic  canii'd  ii  crow  of  eleven  iiu-ii,  and  tin*  estimated  wa;;o.s  duo  to  the 
iiuiHter  and  incii  for  four  niontlis  from  tin-  I'lth  day  of  May,  Iri'^ii,  to  tho  timu  of  the 
retiH'ii  of  the  said  men  to  Vic.toria  is  !f4,r)()0. 

(;{)  That  at  (lie  time  of  lier  eaiiMire  by  the  Corwin  Hhe  had  (JSO  neal  sliiuH,  which 
were  worth,  at  $i7  eacii,  $4,H(»'i. 

(4)  That  tlie  iirol)al»le  (tateii  for  tlu!  McaMoii,  estimated  on  the  nnmherof  skins  taken 
by  tlie  Hcliooner  Muri/  Kllfii,  wliich  was  '.\,'f'v\  sidiis,  and  by  tin-  niiml»ero(  skins  taken 
wlien  tli<<  said  schooner  was  captured,  would  be  :{,t)UU  skins,  tlie  vahie  of  which  woiiUl 
be  !j-^l,(H)l). 

(;■))  That  the  h'ss  sustained  by  ine  in  conseipience  of  the  <h'tention  of  the  said 
sirhooiier,  anil  my  lieinj^  unable  (i>  employ  her  in  ordinary  work  after  the  sealiufj  Hea- 
Hon  is  over,  is  sJ-'iO  a  moiitli,  wiiidi  sum  I  claim  until  the  vessel  is  returned  to  mo  in 
^ood  order  and  condition. 

((i)  'i'liat  1  hav(!  also  jiaid  and  incurred  liabilities  counectcil  with  tlit>  arrest  of  the 
sanl  vessel  and  in  defenciiof  the  master  and  crew,  for  Ic^al  au<l  other  expi'uses,  $1,000. 

And  1  mak<'  this  solemn  declaration,  conscientiously  l>elii"vin<^  the  same  to  l>e  true, 
by  virtue  of  tin-  act  ])assed  in  the  :{/th  ycai' of  Iler  Majesty's  rcij;n,  intituled  "An  act 
for  the  supprcssiou  of  voluntary  and  extrajiulicial  oaths." 

William  Munsie. 

Takeii  and  ileclared  before  luc,  this  •Jdth  October,  18H(>. 

M.  W.  TYinviiirr  Duakk, 
.Witarn  I'ublic,   I'icloria,  />'.  C 

IV. 

Uritinli  Coliiniliin,  lo  wit:  DaiiKiijrx  rhtimfd  hi/  tlir  owtur  of  llu  nrhiKiiifry  Ontrard  and 
Favorilf,  in  rtspivt  of  tluir  ncuiire  hij  the  I'nitvii  Stutra  S.  S.  Convin,  ir  lilc  Jinking  in 
JieliriiHjx  Sia. 

I,  Charles  Sjirinji.  of  ^'ictoria,  15.  C  owiu'r  of  the  I'.ritish  s(•hol>Iu^^s  Onward  and 
Farorilc,  do  soieuinly  and  sincerely  dcclaie: 

(1)  That  liic  valine  of  the  said  vessel  Onward  at  the  tiiiw  of  her  seizure  by  the 
I'nited  States  S.  S.  Curwin  was  sl,(Mii>,  and  the  cost  of  ln^r  (»utlit  when  hhe  left  Vic- 
toria for  the  Behrini^s  S.-a  w;is  >;l,Oii(). 

(•■i)  That  she  e.niied  a  cicw  of  "JK  men,  and  the  estimated  w.aijes  due  to  the  master 
and  men  tor  fiuir  iiumths  fnun  the  IJlli  day  of  Juiu;  to  thi^  lime  of  their  returu  to 
Victoria  is  S7,r)i)(), 

(;{)  That  at  flic  time  of  her  capture  by  the  Conrin  slic  had  -liM)  seal  skins,  which 
were  worth  >;'J.S(I(I. 

(4)  'I'he  )U(>bal)le  catch  for  the  season,  I'stiuiati'd  (ui  thi'  number  of  skins  taken  by 
the  schooners  .■md  by  the  number  of  skins  taken  when  tlie  said  schooner  was  captured, 
would  be  :{.(iii(l  skin's,  the  value  i,f  whieli,  at  >7  skin,  would  be  !?-il,0(i(i. 

(';"))  'I'liat  tlu^  loss  sustained  by  iiie.  in  conseiiueuce  of  the  dettuition  of  tlie  said 
schooner,  and  my  beiui;  unable  to  employ  her  in  ordiiniry  work  after  I  he  sealiiij;  season 
is  over,  is  s.')(i(l  a  month,  which  sum  I  claim  until  the  vessel  is  returned  to  me  in  good 
order  and  condition. 

((>)  That  I  have  also  ]>aid  and  incurred  lijibilities,  connected  with  the  arrest  of  the 
said  vessel  and  in  del'enee  ol'  the  master  and  crew,  fur  legal  and  other  (expenses,  SI, 000  ; 
and  I  also  ihiim  .*;{,(HI0  damages  liecanse  the  oHicer  in  eomiuand  of  the  United  States 
S.  S.  Corwin,  as  she  passed  the  I'arorile,  ordered  her  to  cease  .scaling,  which  who  did, 
and  tl'.'.'Mhy  lost  liei'  season. 

And  I  make  this  solemn  declaration,  conscientiously  believing  the  same  to  he  true, 
hy  virtim  of  an  acrt  jtassed  in  the  :>7th  ye.ir  of  Her  Majesty's  reign,  intituled  :  "An  act 
for  the  sup|>ressi(ui  of  voluntary  and  extra-judicial  oatlis." 

C.   Sl'UINO. 

Tak(ui  and  deelarcd  befon'  me,  this  l^'th  ()cl(dier,  l'^8(>. 

M.  \V.  TYinviirrr  Dkake, 
>  Notary  Public,  Hcloria,  It.  C. 

V. 

British  ('ohnnbiiu  lo  n-it :   Dnmaj/es  claimed  h;i  llie  owner  of'  the  Hteam  rensel  Thornton,  for 
illegal  Kcimre  hy  the  I'nitcd  Slates  S.  S.  Concin,  while  fishing  in  lUhringn  Hca. 


I,  .Tames  Douglas  Warren,  of  \'ictoria,  B.C.,  owner  of  the  Britisli  steam  vessel 
Thornton,  (h>  solemnly  and  sincerely  (h'dare  : 

(1)  That  the  vahie  of  the  .said  vessel  at  the  time  of  lier  seizur.  hy  the  United  States 
S.  S.  Corwin  was  $l),0()0,  and  the  cost  of  lier  ontlit  when  slie  le't  Victoria  for  the  Beh- 
ringsSea  was  $  1, 0(H). 


SKAL    FISHERIES    IN    BEIJING    SEA. 


155 


, 


(ii)  Tliat  slio  tarrijid  a  cn-w  of  fifteen  men,  and  tlie  eHtiinafeil  \va<;fM  due  to  the 
master  and  meu  for  four  montliH  from  tlie  iitifh  day  of  May  to  the  Ist  day  of  Ootoher, 
the  date<if  tlieir  return  to  Vietoria,  which  I  liave  to  jiay,  is  .*.'),  lUO. 

(;j)  That  at  the  time  of  her  capture  by  the  Coruln  slio  had  4U;5Heal  skin.s,  which,  at 
$7  eacli,  were  worth  $'-i,f*-2l. 

(4)  That  the  |)rol»aMe  catch  fertile  Heason,  estimated  on  the  nnmher  of  skftis  taken 
hy  the  schooner  Mari/  ilUrn,  and  by  the  iiumher  of  skins  taken  wlien  the  said  vcHstd 
was  captnred,  would  he  ;{,II0(I,  of  tlie  value  of  .'ci'J  1,0110. 

(o)  Tiiat  the  loss  sUHtainetl  liy  me  in  eoiise(inenco  of  the  detention  of  tlie  said  ves- 
sel, and  Ity  l)ein<;  unable  to  employ  her  in  ordinary  work  after  tlie  seiiiliijf  season  in 
over,  is  $r)00  a  month,  wiiich  snni  I  claim  until  the  vessel  is  returned  to  me  in  ^ood 
order  and  condition. 

(fi)  That  I  have  also  ])aid  and  incurred  liabilities  connected  with  the  arrest  of  the 
said  vessel  and  in  deicnce  of  liie  master  and  crew,  for  legal  and  other  expenses, 
J;  1,000. 

And  I  make  this  solemn  declaration,  conscientiously  believing  the  same  to  bo  true, 
by  virtue  of  the  act  pasHe<l  in  the  :57th  year  of  Her  Majesty's  reign,  intituled  "An  a<t 
for  the  suppression  of  voluntary  ami  extrajudicial  oaths." 

J.  I).  Wahken. 

Taken  and  declared  at  Vietoria  this  I'Jtli  day  of  Ocfolter,  lrt8(5,  before  me. 

il.  VV.  Tyuwiiitt  Duakr, 

Xotary  I'ublic. 

VI. 

VlClOKIA,    B.    C. 

I,  .lames  151ake,  n>iite  of  the  sclioonir  CuroHiia,  claim  {^.'.(X'tt  as  dama^res  for  my 
illegal  arrest  ami  impi  isoiimeut  on  boiiiil  the  Coniin  and  in  gaol  at  Sitka  from  Ist  of 
Angiiht  to  Kith  ."^fptenilter,  l^fjti. 

.Iami:s  Hiakr. 
WitiU'ss: 

M.  W.  TYiiwiirn   Pijakk. 

VII. 

Vktokia,  I).  C. 
I,  John  Margoticli,  mate  of  the  Nchooner  Otnvard,  claim  •j;.">,(IOO  as  daiiia,iL:<'s  for  my 
illegal  arrest  and  imiirisonnient  on  l)oard  the  ['iiited  .Sratcs  vessel  Conriii, -.ivaI  in  gaol 
at  Sitka  from  the  "J. lid  .\ngust,  ISHli,  to'.*;ltli  SepteiiiiiiT,  in  the  .s;inie  yeai-. 

.lollN    MAIUiOIICll, 

|{y  (  .  Si'uiMi, 

y/i.s  Attiiriiry. 
Witness: 

.M.  W.  TvKwiirn   Diiakk. 

Vlll. 

Victoria,  B.  C,  1<)//i  October,  18H6. 
I,  Harry  Norman,  mate  of  the  steamer  Thonilon,  claim  as  compensation  for  my 
illegal  arrest  and  impri.Honment.  on  bu:ird  tin;   United  .States  sleaniship  Curtvin,  and 
in  gaol  at  Sitka,  the  sum  of  $.'),000. 

'  Harky  Nok.man, 

By  J.  D.  \Vai!Uk.\, 

y/(.K  Altorney. 
Witness: 

M.  W.  TYUwiirn'  Dkakk, 

I'ivtoiia,  /)'.  r. 

IX. 


ft  * 


Victoria,  B.  C,  VMh  October,  1886. 
I,  James  Ogilvie,  master  «»f  the  schooner  Carolina,  claim  as  coui]>ensation  for  «iy 
arrest  and  imprisonment  on  board  the  United  States  steamship  Corwin,  and  in  gaol  at 
Sitka,  the  sum  of  $.5,000. 

James  Ogilvik, 
By  A.  J.  Beciitik, 

tlis  Altorney. 
Witness: 

M.  W.  TYRWHirr  Drakr. 


■  ;i 


p^^ 


156 


SEAL    FI8HERIK8    IN    BKRINO    SEA. 

X. 

Abiitrael  of  damagt*. 


DiiniaKoa  ua  per  dooluration. 


Value  of  vt'HHol  and  outtlt 

\S'  nges  of  crew 

Valiieof  HciilMklim  on  board 

Viilue  of  proliiible  catc)! 

LoHH  HimtniniMl  by  dett'ntioii.    (Paragrupli  5) 

L«ka1  and  other  uxpcnHi-H  

LuHii  HUHlaincd  by  ordi'r  to  cphmu  huuHuk 


Scboonor    Steani-sliip     Srhoont^r  ,    Sclioonnr 
UuwMrd.      Thoriituu.      Carolina.      Favoritu. 


$A,  onn 

7,600 

2,  HOC 

21,  OUU 

1,000 


$10,000 

ft,  1(10 
'J I,  OUU 

"  i.ooo 


$7,  000 
4,  .'illO 

4,  mi 

I'l.OOO 

"i.ooo 


#3,000 


For  illegal  arrest  and  imprUonment 

Daniel  Miinroe,  niiistcr  of  Oni/mri/,  for  Indi'ninity  for  iHii^al  Hidziire,  loss,  etc $S,00i) 

Jolin  Mal'Kotirb,  niiito  of  Onward  5,  000 

Harry  Norman,  inato  of  Thomtnn 5,  OOii 

ilinnes  Osjilvie,  niawter  of  t'rtro/inrt 6.000 

JanioH  Black,  niato  of  Carolina. .^000 

Hans  UutturiUHon,  master  of  Thornton 8,  OUO 


No.  124. 
Sir  H.  Holland  to  the  Marquis  of  LanHdoicne. 

Downing  Street,  January  19,  1887. 

My  Loud  :  With  reference  to  previous  eorrespondencii  respecting  the 
seizure  by  the  United  States  authorities  of  Canadian  sealing  schooners 
in  Behring  Sea,  I  have  the  honor  to  transmit  to  you,  for  the  information 
of  your  (iovernment,  copies  of  two  letters,  with  their  inclosures,  from 
the  foreign  ortice,  on  the  subject. 
I  have,  etc., 

H.  T.  Holland. 

Gov.  Gen.,  the  Most  lion,  the  Marquis  of  Lansdowne,  G.  i\  M.  G., 
etc. 


[IncloHuro  1.) 
The  foreign  office  to  the  colonial  offivi: 

FouKiON  Ofkick,  Deamhir  (i,  ISsifi. 

Sir:  I  laid  before  tlie  Earl  of  IddeHloifjh  your  letter  ot  tlie  ;{Oth  ultimo,  incloHing 
the  ttilef^raiii  from  (lie  (Jov(Miu>r-(ioiieral  of  Canada  iiuiniriii};  whether  vessels  which 
are  now  eqiii|>|iiii<;  in  liritiHli  (Jolnnihiu  for  the  (iHlieries  in  ISehring  Sea  will  be  exjioHcd 
tosei/uie  by  United  States  erni.scrs. 

I  am  directed  by  hin  lordNliip  to  reipie.st  that  you  will  lay  before  Mr.  Secretary 
Staiihojie  the  inclosed  coi>y  of  telejjraidue  iuHfruetions  which  have  been  addressed  to 
Her  Majesty'.s  minister  at  Washinf^ton,  direetinf;  him  to  endeavor  to  obtain  from  tlie 
United  Stales  (loveniment  an  assnranee  that,  ]iendin<;  a  settlement  of  the  question  of 
international  law  which  ha.s  ari.sen,  no  more  steizures  will  be  made  beyond  the  terri- 
torial wjiters  of  Alaska. 

Mr.  Stanhope  will  observe  that  Sir  L.  West  is  desired  to  eommnnieate  to  the 
Marquis  of  Lansdowne  the  result  of  his  application  to  the  United  States  Guveru- 
inent. 

I  am,  etc., 

r.    W.    CCKIUK. 

The  Undric  Skcukiahy  ok  Statk. 

Coloniiil  Office. 


1^ 


SKAI.    FISIIKKIEH    IN    l»r.KlN(i    SKA.  157 

[llicl(>illll'«  '.'.  I 

Tthijram  U>  Sir  L.    flext,  So.  *J:i. 

I'oiiK.KiN  OiKlci:,  Hicimher  V>,  l-^MiJ,  H.HO  p.m. 

\'«<HHt<lH  (M|iii|)|>in^  in    IliitiHli  ('oliiiiiltia  t'ltr  l!>'lirlii<;  Sni  I'lHliurifN,  (.'uiittiliuii  (iovt^ni- 
iiiciit  iiMiiiirt^  wliciliiM'  I'xiiosrd  to  .•Ht-iziirc. 

StM'k  iis.snraiicii  tliat   iifiidiii;^  sctilciiifiit  of  (|iicHtii)ii   no   m  i/.iiii' of  ISrilisli   vosscIb 
will  1m'  MiiKlr  Ixyond  tlic  Irnitoiial  watiis  of .\la>ka. 

Coiiiiiiiiiiicatf  t'cNiill  to  (ioviTiioi  Ci'Mi'ImI  ofCaiiaila, 

IliDKSI.KUill. 


(Illl'lDSUI'f  :i.  I 

The  fort  i<in  ojjici  to  (lit  rulnniul  nfftvv. 

FoRKitiN  Oi'i'iCB,  lhcemher'i>*,  Irit^li. 

SiK:  VVitli  ief»'i(ii('<i  to  your  Icltcr  of  tln'  14tli  inHlanI,  ami  fo  previous  coirt'spond- 
r'nc(>,  I  am  (liiectfil  Wy  \\w  Hi'<rftary  of  slato  for  forfi;;n  all'airs  to  tratisiiiit  to  yon, 
to  l)e  laid  hffttre  Mr.    Sci'iH-tiiry  Stanlioiic,  a  copy  of  ji  diN|>ati'ii   from    IhT  Ma.jt'8ty'ii 
mini.st«T  (it  Washin^^toii,  on  tlio  Hnbjt'ct  of  I  in-  Hclirinn  Si'.i  li-licrirs. 
I  am,  etc., 

I'.  W.  Cl'KltlK. 
Tbe    I'NDKR  SKCUKTAUY  OK  SlATi;, 

<  olouial  OJfiir. 


I  IiK'loHurc  4.] 
Sir  L.  It'tut  to  tin'  luirl  of  Iddixh  ii/h. 

Wa.siii.NCION,  Iteninhrr  10,  IdrtC. 
My  liOUi) :  I  luivi!  tlif  honor  to  ai'kiiowlt'dfic,  tin-  rccfijit  of  your  lordHhi]i'H  feltv 
;;rum  No.  'iS,  of  the  (Itli  instant,  and  to  inriosc  to  you  litiewitlj  copy  of  u  nolo  which 
I  ad(liH'MM»;d  to  tin-  Si-crntary  of  State  in  the  sciihc  of  it. 

This  morning;  I  lia<l  an  intiTvitfw  with  Mr.  liayanl,  antl  Hi)okf  to  him  on  the  suh- 
,.»    ..p   >..        II..  ....:. I  t\...t  I... t.ii  ....:>:....    i:...   >i... •    ..>'  «i...    «<>..„...... 


/tiiii|M  iiTui  trii    i|iii'i«(  lOM,    iiiii>    tint'   >>nMii   wiMini    III?    iiii'i'    111    .III     laiiiii'n^*     ity    i  nil     iMiiii'ii 

•<tateH  (J«)v<'riim«'nt.  Hccontinned  totxplain  to  nif  that  the  vahn- of  Alaska  ronHisft-d 
in  th(>  Heal  tishrrics ;  that  tlic  seals  fit-iiuentrd  cliiclly  tin-  islands  of  St.  I'aiil  ami  St. 
(it'orjje,  where  the  j;reat  calch  was  made,  and  tljat  these  islands,  iilthou>;Ii  situated 
(as  he  stated)  moro  than  '<i(IO  miles  from  the  mainland,  wen-,  he  conceived,  i-oni|irised 
in  th(^  jurisdiction  ceile<l  liy  Hussia  ;  hut  he  did  not  wish  to  prononnci<  upon  this  point 
at  i»reNent.  He  wouhl  <dm<'rve,  however,  that  the  value  of  the  seal  "  rookeries"  on 
these  islands  would  ho  destroyed  if  it  was  ojiened  to  :tll  vessels  to  kill  seals  (tiitside 
the  't-niil(>  limit,  for  no  seals  would  ever  reach  them.  I  did  not  discuss  this  <|nestiou 
with  Mr.  ISayard,  and  merely  reminded  him  that  I  hoped  that  hi-  would  answer  the 
couimnnicatioii  I  had  made  to  him,  .'ind  which  was  the  ohject  of  my  visit. 
I  liave,  etc., 


The  Kaui.  ok  Ii)i>K.si,Ki(iii,  etc. 


L.  S.  8a('K\  II.I.K  Wkst. 


jliii  loHiiru  5. 1 
Sir  L.    Wtst  to  Mr.   T.  F.  Jiayunl. 

VVamhi.\<;t<»n,  Ihcvmher  7,  18HC. 

8il<:  Referring  to  yonr  note  of  the   I'ith  ultimo,  on  the  Huhject  of  the  sei/.ure  of 

British  vesHels  in  the  I^eliriii);  Seu,  and   jtromisin^r   to  (U)nvoy  to  me,  as  soon  iut  pott- 

ible,  the  facts  an  ascertained  in  the  trial  and  rulings  of  law,  as  ajiplied  by  the  court, 


158 


HEW.    FISMKlllKS    IN    HKKING    HEA. 


I  have  t1i««  lirinor  to  Ntiittt  tluit  vfMH<>lH  aii'  now,  iin  iisiiiil,  (<(|iii|))iiiit;  iti  HritiHli  ('oluin- 
bill  for  liHliiii);  in  tliiil  i'ca.  I'lii- (luniiiliiin  (iovci'tiini-nt,  tli<>rci'orc,  in  tlw  iiliN<>nc««  of 
i"f'onniilion,  itn^  ilt'Nii'ons  of  iiHrfrt:iiiiin;;  wlit'thtT  sncli  vt-NSfls  liHliiii);  in  tlio  op<Mi 
Ht'iiH  mill  Id-yond  flic  trrntorial  wiitcrf*  of  AIiihI^ji  would  Im  f\|ii)Ni'il  to  Hci/.iin^  nml 
ll«'r  M)iJ«'st,v'N  (jiovfiniiKMit,  itt  tlio  Ntinii*  tiiiw,  wonltl  \w  h\im\  if  Hoiiit*  usHnranrt^  coiiltl 
)u)  ({ivt'u  tliat,  iMMuiin^  the  Ni'ttli-nicnt  of  tlie  i|iii'Ntioii,  no  niicIi  Nci/iircH  of  MritiNli 
vttHH«>lH  will  \»i  hiikIi'  in  ltchriii<;  Sfii. 
I  hftv<^,  t'lc, 

1..  S.  Sack VII, I. K  Wkht. 
Tin)  lion.  T.  1".  Hayaih),  litc. 


No.  ILT). 


(i 

CI 

tl 
t 


iSir  II.  Holland  to  the  Mnnixm  of  Lanndowne. 

DowNiNC}  Stuekt,  January  19,  1887. 
My  Lord:  With  rofcrence  to  your  dispatch  No.  L*81,  of  the  27th  of 
Novembor  last,  and  to  previous  corrospoiidtMice  n'Hpoctiiijj  the  s<>izure 
of  certain  Canadian  schooners  eajja^jod  in  the  seal  tisiiery  in  IJehrinjj 
Sea,  I  have  the  honor  to  transmit  to  you,  for  the  information  of  your 
lordsliip's  (lovernnient,  a  eopy  ot  a  letter  from  the  foreign  ollice,  with 
its  inclosures,  on  the  subject. 
1  have,  etc., 

II.  T.  Holland. 

Gov.  Clen.  the  Mo.st  Hon.  the  Marquis  or  Lansdownk,  etc. 


Ml 


« 


[IiicloHiire  l.| 

Foreiijn  office  to  colonial  office. 

FuuKiiiN'  Oi  I  UK,  January  10,  If-riT. 
Silt:  Willi  icfrrcncti  to  your  li'ttcr  of  tin'  llh  instant,  I  iini  liin-cti'il  liy  tlio  Kiirl  of 
Iiltli'sli'ifili  |o  tiansiiiil  to  you,  to  In-  IimiI  hcfdic  .Mr.  Sccrflary  Sf;inlio|ii',  i'o]ii('s  of  the 
ili.spati'lir.s  notiMl  in  flu'  margin,  wliicli  iiavc  Imm-u  aiiditssi'd  to  Hit  .Maji'sty's  minister 
at  Wasliiiijfton,  rcl.'itivi'  lo  tlie  Mcizmf  of  t  h(>  thrcf  IJrilisli  scaling;  sclioiMitTs  in  Hcli- 
ring  Si-a  l>y  thi-  rnitcd  .Slatfs  i-ruiscr  LUnciti. 
I  am,  I'tc, 

r.   W.  Ci  uiiiK. 
Tho  Undkb  Skcuktauy  ok  Statk, 

Voloiiinl  Office. 


[Iiulosiire  '.'.] 


The  End  of  Iddenh'xjh  lit  Sir  I..    Wei^t. 

ronKliiN  Ofkick,  January  -<,  lHri7. 

Siii:  Rcl'cri  in;;  to  jirovions  corii'siMindiMire  in  ii'ic.-ml  to  tin*  ca.se  of  tlio  three 
Canadian  sdiooni'i's  m^tJijii'd  in  the  si-al  tishery  in  Helirin^  Sea,  I  tr.insniit  to  ymi  here- 
with ii  eopy  of  a  letter  fioin  the  colonial  olliee,  explaining  the  views  of  the  Dominion 
(toveninieiit  in  the  matter. 


SKAL    FISUKKIKS    I\    UKKlNCi    HKA. 


159 


I  hav  now  to  instruct  yon  to  <'xpr»<HH  to  Mr.  Havdul  tlir  lontcin  of  llcr  MiiJt-Ht.v'M 
<lov('riiinrnt  lit  r('<fiviiijj  no  reply  to  tlir  scrionH  ifpifNcntarionN  wliicli  tin  y  liiivf  li-lt 
ooiii|M>lh>*l  to  inakf  on  tilt' inf'orniation  wliirli  lias  rca''licil  tlieni  rcN)ici'iinL;  tin-  |irii- 
ctM'dinjjM  of  tlit<  Tnitt'tl  Stati'n  I'lniHtT  raririn  in  «■  izin;;  Uriti^li  sraliny  M-liooncrs  on 
tliB  IiIk''  Ht'iiH,  ami  to  nij;c  witli  all  tlif  tone  wliifli  the  gravity  of  tlm  I'ltMi-  rciinin'M 
the  iinnii'iliatu  attention  of  thi>  I'niltMl  StntiN  (iovi>iiini<'nt  to  the  a<;tion  of  tlii^  Aniori- 
can  untlioritii'N  in  tlicir  tii>atin»'nt  of  tlit'sc  vt'.ssi'ls,  ami  of  tlirir  inaBtfiH  iiiiil  in-WN. 
I  am,  etc., 

Ii>i>i:si.i:i(iit. 

The  Hon.  Sir  L.  Wks^t. 


I  Iiirltmure  !l. 


Coitjl  (i/  telvgium  .\o.  1 — KarJ  of  Iddfulvitjli  lo  Sir  L.  il'int, 

FiMtKKlN  Okkuk,  ,/uiiiiary  8,  lHe!7— ti.O.'i  p.m. 

Your  (llNpatcli  No.  "JoJ. 

Fnrtluir  papciH  },'o  l>y  mail  of  rttii. 

Exprt'MM  to  HciMctary  of  Hfato  concpiii  of  llcr  Maji'nty'H  (iov<>rnni<>iit  at  ri'icivinj;  no 
roj)ly  to  tlicirKravu  iHprt'Hcntation  rcspcctinj^  proc»!««linj;s  of  lliiitvd  Stuttss  (irniscr  iti 
HVizin^  KritiNli  vonsi'Ih  on  tliti  lii^'*  ^*'>i^- 

Ur>!;«  liiM  immediate  attention  to  this  mat ttsr  with  all  the  forct!  which  tlic  i;r.ivity 
«f  the  case  nHinin-N. 


No.   12(5. 
Sir  L.  West  to  Mr.  lioyard,  Fchrnnrn  1,  1887. 
(Uniittfid  Iktc,  being  printed  Hupra,  No.  8.) 


No.  127. 
Sir  h.  West  to  Mr.  Bayard,  February  4, 1887. 
(Omitted  here,  being  printed  supra,  No.  10.) 


No.  128. 
Sir  Jj.   West  to  Lord  Lansdoicnc. 
i  lie  Alaska  Seizures. 

Febriauy  4, 1887. 
To  Govenor-General, 

Ottawa  : 

Secretary  of  State  has  informed  me  that  orders  have  been  given  that 
all  i)ending  proceedings  are  to  be  discontinued,  vessels  seized  dis- 
charged, and  all  persons  who  liave  been  arrested  in  connection  there- 
with released.  He  adds  that  the  conclusion  of  any  questions  involved  is 
reserved  until  the  papers  relative  to  the  question  have  arrived. 

West. 


160  SKAL    riSHERIES    IN    HKKINCJ    SEA. 

No.    1LM>. 
.s'<>  /<•  Went  to  the  Marquix  of  Lansdoicnt: 

Washington,  Fthruary  4,  1S87. 

My  liOWi):  With  ief'«MOiu!»^  lo  my  t»'li'<;iaiii  of  tliis  <liiy'.s  dat^'respoc-t- 
iii;;  tiM*  H«'i/,iin'  of  I'.ritisli  vessels  in  llciiriiij,'  Soil,  I  iiavc  tin'  honor  to 
inclose  to  your  excelit'iicy  lu'iTwitli  copy  of  the  note  whicii  I  received 
from  the  Secretaiy  of  State,  the  .suh.staiice  of  which  was  tiieiein  eui- 
ho(li<'(l. 

I  liave,  etc, 

L.  S.  Sacfvvili.k  West. 

The  Marquis  of  Landsdowne,  (J.  ('.  M.  C,  etc. 


I  Ii\cloHiire.| 
Mr.  lUnjavd  to  Sir  /,.  Wixt,  i'lbriiiirii  '-V  1H"'7. 
(Oiiiitti'il  lierc,  beiiij4  priiittMl  xupni,  No.  !•.) 


No.  130. 

Sir  U.  Holland  t<»  the  Matuiuis  of  Lansdoirne. 

Downing  Street,  Fthruary  5,  1887. 
^Iy  Lohd:  With  referenc»>  lo  my  secret  <lisi>at<-h  of  the  IDth  ultimo, 
ami  to  previous  corrt\si)oiul(iu:e  lespectiny;  tin  seizure  of  (-'anatlian.sealin;; 
schooiieis  in  ileliriu},'  Sea,  "  have  the  honor  to  transmit  to  ,von,  for  coiu- 
niunication  to  your  ministers,  copies  of  two  letters,  with  their  inclosureH, 
from  the  foreij>n  ollice,  on  the  suhject. 
I  have,  etc., 

II.  T.  Holland. 
Gov.  (leii.,  the  most  lion,  the  Maitpiis  of  I.ansdowne, 

(i.  C.  M.(i.,  etc. 


I  lilt  lll-<ll!'l'     l.| 


I'oiiii/ii  Ojfficr  III  <'iiloiiiul  Offue. 


I'oUKKiN    (M  I'ICK,  ./ 


iinuarij 


rii  'J7,  1H87 


SiK:  With  n-riTfinc  ti>  jinvidiis  ciirKsiioinliiMf,  I  iitii  (iirt'clftl  liy  llii'  Kicn'tiirv  of 
(•tutti  tor  t'orcit,'!!  altiins  to  traiiHiiiit  to  voii  to  lie  liiiil  lift'on-   Si'cn'tiir.v  Sir  llfiiry  Mol- 
land,  a  coity  o(°  ji  iliHpatcli  rroni  Hit  Majt-sty's  niiiii'tcr  iit  Wasliiii;rt,iii,t)ii  tint  HuliJHcfe 
of  the  sci/un-  of  British  Hca'.iiii;  vt-sseh  iii  Hilirinj,"  St-a. 
I  am,  et(r., 


P.    W.   (.'IJKUIK. 


Tho  IJni)KU-Se('kkt.\ky  or  stati;, 

Colonial  OJJice, 


SEAL    FISHERIES    IN    BERING    SEA. 


161 


W7. 

or  to 
iM  ve»l 

♦MU- 


ST. 


|Inclo8uro  2.) 

Sir  L.  West  to  the  Foreign  Office. 

Wasiiixotox,  January  13,  1887. 
My  Lord:  With  lottirtMicc  to  my  (li.s|tjitoli  No.  7,  of  the  7th  iiiHtmit,  I  have  the 
honor  to  iiieloso  to  your  lordship  h«'n'\vitii  co])y  of  a  note  whicli  I  havo  received 
from  the  Secretary  of  Statt',  in  aimwcr  to  my  coiiumiiiicatioii,  exprt'.sHiiifj;  the  concern 
of  Her  MaJcHty'H(ii>vonim(!nt  at  receiving;  no  n-jdy  to  tlicir  icpresontatiouM  respect- 
ing the  H('i/,iirf!of  Hritisii  vessels  in  Btdiriag  Sea. 
I  have,  etc., 

_,  .  ii.  S.  Sackville  Wkst. 

The  Skckktaky  ok  Statk, 

Foreign  Jffairit, 


IIIIC'IOSIII'O  H.) 

Mr.   lUujard  to  Sir  L.  S.    UvHt,  .lanuary  12,1867. 
(Omitted  here,  being  printed  ftupra,  No.  7.) 


57. 
irno, 
iliug 
CO  lu- 
ll rt'M, 


[IiiulOHuro  4.) 
Foreign  Office  to  Colonial  Office. 

FoiiKUiN  OiKiCK,  Jnnuarii  21),  1887. 
Sin:  Witli  i<MVn'iice  lo  previous  corn'spoiidi-ncc,  1  uin  dincted  hv  the  secretary  of 
state  for  foreign  jiflairH  to  Irausmil  to  you,  t<i  h-.-  laid  l.cl'ori'  Sc<"retary  Sir  Henry 
Holland,  a  coi>y  of  a  disp.itch  as  niarkcd  in  the  iiiarjiiii  fiom  llcr  Mjijestv's  minister 
at  Washin^rton,  on  the  suhjcct  of  iiis  n'|iicstntalinns  to  the  United  States  (iovern- 
meut  with  regard  to  the  seiziire  of  Hritish  vessels  in  hehring  Sea. 
I  am,  etc, 

The  LNDKK-SKCitETAUy  ov  Statk, 

Colonial  Office. 


ID. 


e7. 

,rv  of 

Mol- 

hjec* 

IK. 


(Inclosiirc  ."i.  1 

Sir  L.  Wext  to  the  Inrl  of  MAcsleigh, 

Wasiiin(JTon.  nlanuarii  10,  1H87. 
My  Lohi>:  I  have  the  honor  to  ackimwledfre  the  receipt  of  your  lordship's  tele- 
gram. No.  1,  of  tilt  Mh  instant,  and  to  inclose  to  your  lordsiiip'herewith  copv  of  a 
note  which  1  immediately  addressed  to  th«'  SecrelaVv  of  Stale,  referring  lo  my' notes 
of  the  'J7t!i  Scpicnili.r,  21st  Odoher,  and  Tlh  Dccciiiher  last,  and  to  your  lordsliii)'s 
diHi'atch,  No.  2U,  of  the  ItOth  Octolicr,  copy  of  whicli,  as  reported  in  my  dispatch  No. 
2r»0,  of  the  12lli  Novemhir,  1  plaicd  in  his  li.iiids,  and  exi)rcssing  the  sense  in  which 
Her  Miijesty's  (Jovj'riiment  viewi'd  liis  sil.ine  with  regard  to  the  commiinicationa 
which  hail  heen  made  to  him  respecting  the  seizure  of  Uritisli  vessels  in  Hehring  Sea. 
1  have,  etc., 

L.   S.    Sxt'KVlLLK    \VK8J'. 


[Iiicloiiurn  fl.) 
Sir  I..  WcHt  to  Mr.  tiayard,  January  9,  1887. 


(Omitted  here,  being  printed  nupra,  No.  (>.) 
8.  Ex.  106— -11 


162  SEAL    FISHERIES    IN    BERING    SEA. 

No.  131. 

Lord  Lansflowne  to  iSIr  H.  UoUand. 

March  .'U,  1887. 
Vessels  now  being  fitte«l  out  for  this  year's  trip  to  lieliriiig  Sea. 
Owners  inquire  whether,  when  not  near  land,  they  nu»y  depend  upon 
beinj;  umnoh'sted  by  United  States  cruisers. 
Please  reply  by  cable. 

,  Lansdowne. 


No.  WVl. 
Sir  If.  T.  lloUand  to  Lord  Lansdoicne. 

Downing  Street,  April  23,  1887. 
My  Lord:  With  reference  to  juevions  correspondence,  I  have  the 
honor  to  transmit  to  you  lor  communication  to  your  ministers  copy  of  a 
letter  from  tlie  for«'i{;n  oHIc*',  inclosiufr  cojtics  of  two  dispatches  from 
Her  Majesty's  minister  at  Washington  on  tl«e  subject  of  the  Alaska 
fisheries  (piestion. 
I  have,  etc., 

H.  T.  Holland. 

Gov.  Oen.  tlie  Most  Hon.  the  Marquis  of  Lansdowne, 

(J.  CM.  G.,  etc. 

IIiu'loHiirc  1.1 

From  Jon iiju  office  to  colonial  office. 

FouKiON  Okfick,  .l/)n/  l;},  1887. 

Siu  :  Witli  refert'iu'e  to  your  li'tter  of  the  Ud  iiiKtant,  I  iiin  <lirt'<t»'(l  l>y  tlic  Nt'cn'tiiry 
of  htatt'  for  foici;;!!   iiU'iiirs  to  traiiMiiiit  to  voii,  to  Ix;  laid  licforn  Si^crotary  Sir  Henry 
Holland,  ropii'N  of  two  iliNpatclitH,  as  inarke<i  in  the  margin,  on   the  siibjfct  of  the 
Alaska  tl.s|ii-ri*>Hi|ueNtiou. 
I  am,  «'tc., 

J,   PaL'NCKFOTK. 

Tho  Undek  Sechktaky  ok  Statk. 

Colonidl  office. 


[IncloHuro  2.] 
Sir  L,  Hent  to  the  ilarquiti  of  Snlinburii, 

Wasiiinoton,  April  2,  IH'*?. 

Mv  Loud:  I  havo  the  honor  to  inform  yoiir  lordNJiip  tliat  th«'  commander  of  the 
United  StateM  revenne-cutter  (Inllatiii  has  heen  tited  to  appear  \»efore  the  admiralty 
court  in  the  Mohtoii  dintriet  to  answer  lo  the  alleviation  that  i.i  Jniie  last,  while  in 
command  of  the  United  States  steamer  Corwiti,  he  took  l»y  foree  from  the  Ameriean 
schooner  Sierra  her  arms  and  ammunition,  at  a  point  in  tin-  open  sea  :!()  miles  north 
of  Oonalar-ka,  while  she  was  navi^atin^  the  waters  of  the  North  Facilie,  Ocean  on  a 
hnntinf;  and  lishin^  expedition,  thus  breaking  up  her  v<-vag<>  to  th*>  dama;;*'  <>f  the 
plaint  ills  of  *'i5',.'i(IO. 

I  have  instructed  Her  Majesty's  consul  at  Hostoii  to  watch  this  case  and  report  the 
decision  of  the  court. 
I  have,  etc., 

L.  West. 

The  MAUgt'lH  ok  SaM8IICKV,  K.  (5.,  etc. 


SKAL    FISHKRIES    IN    BKRING    SEA. 


163 


(Incloaurc  3. 1 

Sir  L,  IWsl  to  the  Martjuin  of  SalUbury. 

Washinoton,  .\farch  iil),  1887. 
My  I.uun:  I  liavt-  tlit  lioiior  to  rcjiort  to  yonr  lordshii*  that  tlit*  lliiitt-d  StatoH 
Hteain-slii]>  Tin  I'm  Iuih  sailed  Cioin  Ninv  Vork  and  will  itrocftd  idiiiid  ("apo  Morn  and  up 
tin- wi'st  coaMl  til  Alaska.  It  is  rt'poricd  that  llu'  Si-crt'tary  ot'  tli<' Tri-asMry  has  ni- 
Cfivi-d  a  letter  I'loiii  the  Alaska  Coiiiinercial  Coinpaiiy  eoiiiplaiiiin^  tiiat  |irivale  jtar- 
ties  are  lakiii;^  seals  in  llm  waters  altoiil  Alaska,  ai.daskiii;;  loriiKire  revenii.'-i'UtterH 
to  be  sent  lor  their  jiroteelioii.  The  ecnipaiiy  t'\  rtlier  ask  that  the  l'iiite<l  Slates 
(jioveriiiiieiit  shonld  |irohil)it  all  killiiii;;  of  seals  v.'illiiii  the  eastern  halt'  ot'  Itehrin^ 
Sea,  or  troni  a  point  iie<;innin;;  at  iSeln'in<{  Straits  and  |iassin;;  iVmn  the  inirthweHt 
♦Mid';!' St.  I.awreiue  Inland  in  a  southwesterly  direction  to  the  island  of  Alton,  at  Iho 
4ixtrenie  westerly  |ioint  of  tin-  Aleutian  Ar<'hipelaj;o. 
I  have,  etc,, 

L.  S.  S.  Wk.st. 
Tile    MA|{(it  IS  ot-   SAI.ISItUliV,    K.    (J.,    etc. 


Sir  II.  T.  lloJhnid  to  li,ord  lAUixdotcnr. 

No.  11.5.1  Downing  Stuket.  May  12,  1887. 

Mv  Lord:  I  have  tlio  honor  t«>  tiiiiisiiiit  to  yoii  lor  communication 
to  your  ministers,  with  retereiKU'  to  ]>re\  ions  coiivspoiKU'nco,  a  copy  of 
a  letter  from  the  toreiyn  otlice,  inch).sin}'-  a  copy  of  a  dispatch  from  Her 
Majesty's  minister  at  W'a.^hinjiton  resjiectin;;  tlie  seizure  of  llritish  ves- 
sels enf-aged  in  seal  iishinjj  in  iJehrin;;  iSea  h»st  autumn. 
I  have,  etc., 

H.  T.  Holland. 

(iov.  (;en.  the  Most  Hon.  the  Marqi'IS  of  Lansdowne, 

G.  C.  M.  G. 


(IncloHure  1.) 

The  forciijii  nfficr  to  the  colonial  nffirc. 

FouKiGN  Ofkick,  May  .'>,  1887. 

Sik:  With  reference  to  the  letter  from  thin  ofTico  of  the  l.'ith  ultimo,  I  uni  directed 
by  the  Maripiis  of  .Salisbury  to  transmit  to  yon,  to  be  laid  before  .Secretary  Sir  Henry 
Holl.-ind,  a  co]iy  of  a  dispatch,  No.  ;iT,  dated  \'M\\  April,  IS-*?,  with  its  iiiclosiires,  from 
Her  Majesty's  minister  at  Washinj;ton.  relative  to  the  i|nestion  ot  the  seiznie  laut 
autumn  in  llehrinu  i^ea  of  three  liiilisli  schooners  en;ia;;e(i  in  seal  tishin^r. 

(Jopics  id'  the  laws  of  the  rnited   .States  iel;iiiiiii  to  Aliiska.  to  which  reference  irt 
made  in  Mr.  Itayard's  note  of  the  I'jih  nllinio  to  Sir  L.  West,itre  itlso  inclosed. 
1  am,  elc, 

r.    W.   ClTKRIK. 

The  I'NKKii  Si'CitKi Ai;v  oi'  SrAii:, 

Colin  liil    (tjlirv. 


[TncloHur«  2.  | 
Sir  L.  S.  Hist  to  the  Murquis  of  Salisbury. 

Washington,  April  lU,  18H7. 

My  LokI)  :  With  reference  to  >onr  lordship's  tc  "j(nim  No  7  of  >Jnd  iii.staiit,  I  have 
the  honor  to  imdose  to  your  lordship  herewith  copy  of  a  note  which  I  addreHHeil  to 
the  .Secretary  of  State,  ;is  well  aH  c«ii»y  of  reply  thereto,  Htatinj;  that  the  rvcordHof  the 


164 


SKAL    FISHERIES    IN    BERING    SEA. 


Judicial  proce<MliiijiH  in  cuhcs  of  tlio  Uritisli  v«'nh<'1h  Hriz<'il  in  B<'liiii)K  Sea  were  re- 
ceived at  tliP  State  Deiiiiilineiit  on  Siiliinla.v  last,  and  are  now  nnder  examination: 
aii«l  that  tlie  reniotenesMof  llie  scene  of  llie  fnr-Heai  tiHlierieK  lias  dtjlaved  tin- Treasury 
otticials  in  framing  appn'iiriate  re>{iilalionH.  ami  issninj;  orders  to  the  I'nited  .States 
l)olic(>  vesHels,  wliicli  inlorniaticn  I  liad  the  l.ocor  to  teiej^rapli  to  your  lordsliii>  this 
day. 

I  liave,  etc., 

L.  S.  Wkst. 

The  Makquis  ok  .Saushi  ky,  K.  (i.,  etc. 


[InelOHiiiv  :i.] 
Sir  I..  S.   Hint  to  Mr.  nayard,  April  t,  l-HT. 
(Ouiitted  here,  being  printi^d  Hiqtra,  No.  11.) 


fIncloHur"  4.) 
Hr.  Secretary  Jiayard  to  Sir  L.  H'titt,  Aftril  I'i,  1887. 
(Omitted  here,  being  printed  supra,  No.  12.) 


No.  i:u. 


The  governor-iieneral  to  Sir  11.  HoUand. 

Toronto,  Maii  LM,  1.S.S7. 

Sill:  Willi  )t'ftM«'iici'  to  |»rt'vioiis  coiti'simukU'iicc  on  the  .subjt'ct  of 
the  wt'iziirc  of  (':»ii}nliati  .sealiiijf  scJMxtiier.s  in  ISeliriiijj;  Sea,  I  liave  tlie 
honor  to  loiwanl  iuMcwitli  a  copy  of  an  approved  minute  ()f  tlie  privy 
council,  eonenrrin;,^  in  a  report  of  niy  inini.sler  of  inarine  and  tisheriet), 
and  reconiinendinji  that  the  ;it  tent  ion  of  Her  Miije.sty's  (lovernnient  l»«? 
called  to  the  ^'rave  injr  (ice  d(tne  l»y  the  United  States  authorities  to 
British  sultjeets  peaci-aldy  pursninji  tlu'ir  lawful  occupations  on  the  hifjh 
8eas,  to  the  <lelay  wiiiiih  lias  laks-n  place  in  inquiring'  into  and  redres.s- 
in}»  \vrony:s  conmiitted,  to  the  severe,  inhospitalde,  and  unjustifiahle 
treatment  of  the  olliceis  and  crews  ol  the  vessels  seized,  and  to  tl-e 
serious  loss  intlicted  upon  owners  of  the  same,  in  (uder  th:it  full  and 
Hpeetly  n  paration  may  he  made  by  the  United  States  (lovernnient. 
1  have,  etc., 

Lansdowne. 

The  Ritjht  Hon.  Sir  Hhnry  Holland,  &c. 


[Int'loHiin*  1.1 

Certified  copy  of  a  report  of  a  ronniiitttr  of  the  honoralile  the  privy  eoiiiicil,  approved  by  hi» 
ejrceUeiicy  the  yoeei  nor-tjeiierul  in  eoiiiivil  on  the  It'tth  May,  IS,-?. 

On  a  report,  dated  IMli  May,  \"'^'i,  from  the  minister  of  marin.t  and  lislieries,  su'i- 
niittiri);  the  following  remimeof  facts  with  refi-rence  to  the  Cutiiidian  sejiling  sclioonerH 
Carolina,  fhneard,  :ind  I'hornlon,  sii/.cd  li\  the  United  States  rcvenni'-cntter  t'uricin  in 
BehringH  Sea  in  the  year  l8f^(i. 


SKAL    FISHliKIKS    1\    HKRING    SKA. 


1G5 


Tlie  altnvo-naiiUMl  vi'Hst>ls  littcil  out  at  N'ictoiia,  Hritish  C't)lmiil>ia,  for  Hcal  hmitiii>{ 
jii  tlif  wati'iH  of  tilt'  I'aciCic  Ocraii  ail,ja<-.'iit  to  t^Ufon  Victoria  IslaiulH.  {^ufoii  C'har- 
lottt'  IslaiidN,  1111(1  Aia^kii. 

Ai  tin-  tiiiitMtlsci/.iiic  ( Int  and  "iinl  An<;iist,  l~Ht))  tlu-y  weri'  at  a  distaiict^  of  moii<  than 
<)(i  mill's  IVom  tilt'  iifart'st  land.  'I'hcy  svcio  taki'ii  iioMsosioii  of  l>y  llic  I'liltcd  StatoH 
(Mittcr  and  towed  to  tlu'  port  of  Ooiialaska,  wlicrc  tlicy  wiTf  di'tiiincd. 

Tlic  Clews  of  the  ('ttrolina  and  Thorn  tun,  with  I  he  except  ion  of  the  captain  and  one 
man  detained  at  Oimalaska.  were  sent  hy  steamer  to  San  Francisco  and  thnru  tnrncd 
adrift,  while  the  crew  of  the  Onward  was  kept  at  Oonalaska. 

At  the  time  of  the  seizure  the  ('<tri>linii  had  on  lioarJ  ti'^Ci  seal  skins,  tho  Onward 
'MO.  and  tlie  Thornton  -lll.l.  'riiese,  !is  well  ;is  the  school, ers,  are,  so  tar  as  the  ininisti^r 
is  aware,  still  at  Oonalaska  in  possession  of  the  I'liited  Stat<'s  authorities. 

The  master  and  mate  i>{  the  Thornton  were  hrontiht  for  trial  lietore  .Judi^e  Dawson, 
in  the  I'nitcd  States  district  c(uirt.  at  Sitka,  on  the  :{iith  AuHiist,  IK-itJ.  The  evidcce 
fjiven  liy  the  ollicers  of  the  I'uitcd  States  revenue  cutter  went  to  sh()W  that  this  vessol 
was  seized  for  tlie  otVeiise  (d'  takin'4  seals  in  that  (lortiou  cd'  HehriiiHH  .St!a  ceded  to  tli« 
United  States  liy  Hussi:i  in  1^(17,  heiiii;  then  at  a  distanctt  of  fnun  tiO  to  70  miles  from 
St.  (Jcoijie  Isliind. 

The  ,).:d;ie  cliarjied  the  jury  to  the  elVec-t  that  if  they  helipvcd  the  defenilants  to 
liave  lieen  sealin;;  in  the  Ueliriiiii  .'^ea  easi  of  the  lli:Jrd  de^jree  of  l(ui;;itude  west,  they 
should  hrin^'  in  a  venlict  (d'  •{iiiliy  and  assesH  separate  lines  or  iiiiprisoiiinent.  The 
jury  hrouiilit  in  ji  verdict  <d'  Lcnilty. 

The  master  id'  the  Thornton  was  sentenced  to  ;?((  days'  imprisonment  and  to  pay  a 
fine  of  .'*"»()(),  and  the  mate  to  :l()  days'  imprisonment  and  a  line  of  !?:{(l().  The  masters 
niid  mates  of  the  Oninint  nuA  Carol'init  were  mulcted  in  similar  penalties. 

Oil  llie"j:lrd  and  "Jlth  Seplemlter.  I'^Si;,  iirders  in  council  were  approved  hy  his  ex- 
cellency the  ^overiinr-tt''ncral,  setlini;  forth  the  ahove  facts  :ind  representing  tho 
injustice  to  which  ( 'anadian  citi/ciiseiiu:i;^eil  in  a  jteaceahle  and  lawful  occupation  on 
the  hi;;h  seas  had  heeii  siilijecreil,  in  spile  of  admit  ted  principles  of  iiiteinal  ioiial  law, 
iind  in  direct  o]>|iositinii  to  the  riiiied  States  contention  of  what  'onslitiitcs  common 
wa'ers  on  the  ,\ilaiitic  coavts,  aiid  copies  tli>-rcof  were  forwardeii  to  Her  Majesty's 
(ioMTiinient,  with  a  re(|uc>t  lliaf  immediate  reparation  he  demaiide.i  from  the  rnited 
States  ( iovermiieiil. 

()ii  the  l','tli  Novemher.  H^Ti,  Mr.  Hayard  infoiuu'l  Sir  I-.  \Ve-.t  that  he  was  await- 
in;;  full  and  antheiiiii-  reports  of  the  trial  and  juil;iiiieiit  in  the  cases  of  thi-sc  .sei/.iirea 
hefore  t'lirther  disciissiii>;  the  matter. 

Oil  llic'^th  .laniiary.  H-'T.  llie  I'larl  of  Iddesleii^h  addressed  Sir  L.  West,  deprecat- 
inii  the  delay  whidi  had  taken  place  in  secnriii^i  tliese  particulars,  calling  upon  him 
to  iirije,  with  all  the  force  which  the  jxr.ivif\'  ol'  tlie  cases  deniMiided,  the  iiiiiin  diato 
attention  of  the  I'liiied  Slates  (oiM'rniiu'iit  to  I  lie  action  o!'  t  h  ■  .\uieiicau  aiil  liorities 
in  this  ticatiueiit  of  these  vessels,  mates,  ami  crews,  and  direcfinit  liini  loseek  assur- 
ance that,  pelidiuL;'  ;i  setl  leiiieiil  ol'  t  le-  i|  iiesi  ion.  no  sei/iil  es  id'  ISrit  isl|  vess^^ls  Would 
he  made  Neyond  the  territorial  waters  ot'  .Vlask.i. 

On  ilieHih  .laniiary,  \y^l ,  Sir  L.  West  wrote  to  .Mr.  Uayard,  reviewiiii^  the  wholo 
case,  juid  iir;;inj.;  imiiiediate  .'ictioi'.  On  the  I'Jih  of  the  same  month  .Mr.  M.ivard  re- 
plied, explainiiiji  'he  reasons  of  lie-  del.iv,  aii'l  stalint:  th.at  every  possihle  dispatidi 
had  lieeii  made  in  order  to  proeiirethe  necessary  jiapcrs. 

On  the  :tril  l-'eluiiary  Mr.  Mayard  informed  Sir  L.  West  that  the  documents  relativo 
to  those  sei/nres  left  Sitka  oii  the  •.'liili  .lanuar.N.  and  mii;lii  he  expected  to  reach  him 
within  a  fortnight.  In  the  mean  time  he  informed  the  Mritish  minister  that  ordern 
had  heeii  issued  for  the  disconi  i'liiance  of  all  peiidiii;^  proceediiiits.  I  he  dischai  f^o  of 
the  vessels  and  the  release  of  all  perscuis  under  arrest  in  conneeiion  with  these  seiz- 
ures, and  that  the  conclusion  of  any  i|iiesiious  involved  must  he  leseiNed  iinlil  the 
papers  lelaliiiL;  thereto  had  ariiMMl. 

On  the  Ith  I'elun.aiv  Sir  I,.  West  commiiniealed  the  ahove  information  to  his  ex- 
cellency the  juovernor  ;ieiieral. 

file  niinisler  fiiitlier  states  iliat  I'loiu  inriUinat ion  lecei ved  fruiii  the  owners  of  the 
sei/ei!  vessels  and  from  the  culle,  :nr  nf  lustoms  at  N'ictoria,  |{.  (',,  he  learns  (hat 
.lames  Oy;il vie,  an  old  man  and  master  ot'  the  ('(inilina.  was  ;uiested  aloiiii  with  the 
masters  and  mates  of  the  OniranI  ii\u\  Thornton,  and  hroiiehi  into  court  for  trial,  hut 
that  liefore  sentence  was  pronounced  he  was  hiill'ered  to  wander  away  into  the  woods, 
where  he  died  from  want  and  exposure;  that  the  oilnr  masters  ami  iiiM'"",  'il'ter  ri- 
maiiiiny:  several  months  in  prison,  were  released  hy  order  of  the  y;e,veriiH' of  Aii.:'kii 
and  turned  adrift,  literally  deslit  ute,  to  find  their  way  as  hest  tl  ey  cnild  tn  th*  ir 
hiunes,  l.."!!!!!  miles  distant,  ami  which  could  he  !'eaclied  onl\  hy  a  li  ny;  mil  eo-,tly  se;k 
voya;;e;  that  t he  ownci's  i>f  i he  eoiidemiieil  vessels  have  received  no  intimation  t'roiu 
the  I'nitcd  States  aiiihoriiii's  ol'  the  release  of  their  \t's.sels  or  the  .esloralion  of  the 
valiiahle  car;;oes  of  seal  skins  ami  eipiipnieiits  on  hoard,  and  they  have  no  iiitonna- 
tion  as  to  the  condition  in  wliieh  llieir  properly  is  at  the  pr.'sent  time. 

The  owners  .ire  tliu."  left   iu  complete  uncerlainty  as  to  when  or  wlieie  their  prop- 


166 


SEAL    FISHERIES    IN    BERING    SEA. 


erty  Ih  to  he  reHtnred,  hikI  unticipiitt^  HeriuiiH  (laiiiii^ts  if  not  total  Iohh,  to  thoir  vohsi^Ia 
from  tho  tr*'int)ii<loim  ^alcH  wliicth  tlnriii;;  tlic  jiiiHt  wiiitttr  liavu  HWM]it  tlic  iiortli  Pa- 
cific couHts.  Thoy  also  Hfati;  that,  knowing  well,  a.s  they  do,  tlin  character  of  the 
IiidiaiiN  in  that  viirinity,  and  a))|irchciidiii};  that  no  very  vi|>ilant  watch  Iuin  hccn  kept 
over  their  property,  they  fear  that  every  thinjj  inovahie  will  have  Ix^en  carriiJtl  away. 
If  they  are  ('oniitelhid  to  receive  the  vchscIh  at  Oonalaska,  wher»i  they  havi>  I n  de- 
tained, it  will  nece.sNitate  the  charteriii;r  of  a  steamer,  with  men  and  NiipplicH,  at 
great  ex|ienKe,  and  a  ronnd  voyage  of  Home  three  thouHand  inilcH  in  order  to  hring 
them  to  Victoria 

The  conHccpient  damage  and  loss  to  vessels  and  cargoes  throiigli  detention,  and  the 
heavy  cost  which  will  lie  entailed  in  hringing  tlitni  \o  the  home  port,  the  owners  con- 
sider good  gronnd  tor  claiming  consideration  from  the  United  States anthoriiics  when 
the  (jnestion  tif  reparation  is  lieing  settled. 

The  committee,  concnrring  in  the  Itiregoing  report  of  the  minister  of  marine  and 
fisheries,  advise  that  yonr  excellency  he  moved  to  call  the  ;itteiilion  of  Her  MaJesty'H 
Goveriinn-nt  again  to  the  grave  injiistici*  done  hy  the  United  States  authorities  to 
British  siihJectH  ]ieac<'fiilly  pursuing  their  lawful  oc(;ii|iation  on  the  high  seas,  and  to 
the  great  delay  which  has  taken  place  in  iii<|iiiriiig  into  and  redri'ssing  the  wrongs 
comm,itted,  to  the  severe,  iiiho.spitalde,  and  iiiijiistiliahle  treatment  of  the  ot1i<'er8 
and  crews  of  the  vessels  seized,  anc  to  the  serious  I  ss  inllicted  upon  owners  of  the 
same,  in  order  that  full  and  spee<ly  rejiaratioii  ma.  be  made  hy  the  United  States 
Governiiient. 

All  which  is  resjiectfully  .siihmitted  for  your  excellency's  aitnroval. 

.John  .J.  McGkk. 

Clerk  I'rivy  ( 'oiiinil. 


[Ini'liisiire  2.] 
.)fr,  Unvilcji  to  Mr.  Ti'loii, 


CUHToM-IIorsK,  I'vtoriii,  April  2.\,  l>f*7. 

SiK  :  In  reply  to  your  letter  of  tin  I.'dli  instant  1  beg  to  state  that  none  of  the 
masters  or  mates  of  the  vessels  seized  in  Hehiiiig  Sea,  in  August  last,  remain  now  in 
imprisonment.  When  the  ve>sels  were  c(ni<lemneil  the  judge.  Mr.  Uawsoii.  senieiited 
nnisters  ami  mates  to  lines,  which  were  never  pjiid.  and  todill'erent  terms  (d' imprison- 
ment. Ogilvie,  master  of  tin-  Ctirolinii,  an  old  man,  was  airesled  and  hroiight  into 
court,  hut  Ixd'ore  the  sentence  was  pi  moiinced  he  wandered  away  into  the  woods 
and  die<l  there.  The  others,  alter  se,  inga  rime  in  i»iisoii,  were  released  hy  an  order 
of  the  governor,  and  tinned  loose,  literally  destitute,  to  liiid  tlieir  way  home  in  any 
way  tln^y  could.  The  vessels  themselves,  CurolhiH,  Ohkviiy/,  and  Tiionitoii,  nw  now, 
as  far  as  we  know,  in  Oonalaska,  Inif  unless  they  have  lieeii  properly  taken  care  of, 
whudi  in  sindi  a  )dace  seems  scarcely  prohahle,  tliey  must,  during  the  winter  months, 
have  sutl'ered  gre;ii|y,  even  if  they  are  still  in  existence.  The  skins  taken  from  them 
are,  we  believe,  stored  in  the  Alaska  l''nr  Company's  warehouses  at  Oonalaska  ;  the 
guns  and  ammunition  were  taken  to  Sitka,  and  are  in  the  care  td'the  United  States 
marshal. 

The  (  hronometcis  and  (diarts  <if  two  of  tin-  vessels  were  left  in  Oonalaska  with  tho 
vt'ssels.  The  «  hronometer  of  the  other,  with  one  or  two  boats,  was  t:iken,  we  were 
told,  as  evidence  to  Sitka. 

No  notice  whatever  respeeting  the  release  of  tlm  vessids  or  tlni  delivery  of  their 
equipments  or  of  the  skins  has  been  received  by  the  owners.     No  word  of  any  de- 
scription has  been  cmiveyed  to  them  by  the  L'uited  States  authorities. 
I  have  the  honor  to  be,  sir,  vour  obedient  si-rvant, 

W.  Hami.ky. 

John  Tilton,  Emj., 

Deputy  Minigter  of  Finhei'ics,  Ottawa. 


» 


[Inclo»ur«  3.] 


»< 


McHHrii.  Came  <f-  Muitaie  to  Mr.  Tilton. 

VicroKiA,  Hkitisii  Columbia,  April  14,  18d7. 

Drak  Sik:  Yonr  advice  of 'ind  instant  is  to  hainl.  In  reply  would  say  we  have  not 
been  lulvised  whether  the  vessels  ar»'  to  he  returned  to  us  at  Victoria  or  are  we  to 
incur  the  expense  and  risk  of  taking  them  from  Oonalaska,  and  accept  the  skins  iu 


I'a- 


I. '    ^  ii 


v.— MAP  f 


// 


\fAP  ( 


SEAL   FISHERIES   IN    BERING    SEA. 


167 


the  condition  tliey  niny  he  found  hh  an  otl'Hot  in  full  a;;iiiniit  tho  amounts  Hut  opiionito 
them  in  our  chiinm.  Tlio  flX|)t«nNtMind  rink  oi'^cttiii^  tli«Mn  to  Victor  'will  ho  ^rout, 
as  ther«  is  no  diit'ot  way  of  tiansfcrrinjj  mm  an<l  snpplifs  a  distamo  «it  l,r»(M)  iiiileH. 
It  will  necessitate  the  charterin};  of  a  steamer,  anil,  owin^  to  the  tremiMidoiis  ^alea 
in  the  North  I'arilic  the  past  winter,  the  vessels  may  he  very  seriously  damaged  if  not 
totally  lost.  Knowing;  the  Indians  as  we  do,  we  anticipate  that  everything  movuhlu 
will  he  carried  away. 

The  vessels  and  skins  are  left  in  the  «are  of  not  too  friendly  a  concern,  namely,  the 
Alaska  Commercial  (.'om]>any's  a^ent  alian  the  Tnited  ^^tates  marshal, 
iiemainin^,  dear  sir,  your  ohedient  servants, 

Caunk  a.  Mun.>*ie. 
John  Tii-ton,  Es(|., 

Vipulji  MinUter  of  FiHlicriiH,  Oltmca. 


No.  i;i5. 


K 


Sir  R.  O.    W.  Herbert  to  the  ofieer   administering  the    government  of 

Canada. 

Downing  Street,  May  27,  1887. 

My  Lord  :  I  am  directed  by  the  Mecretary  of  Htato  to  traiiHinit  to 
you  for  coininunicatioii  to  your  inini.sters  with  reference  to  ])reviou8  cor- 
re»]>ondeuce  the  docuineut.s  Kpecitied  in  the  annexed  schedule. 
1  have,  etc., 

R.  G.  W.  Herbert. 

The  Officer  Administering  the  Government  of  Canada. 


[IncluBure  1. 1 

The  Jorciyn  office  to  the  colonial  office. 

FoUKiQN  Office,  .}fay  19,  1887. 
Silt:  I  am  directed  hy  the  se(;retary  of  state  f(irforoi;in  affairs  to  transmit  to  you,  to 
l»e  laid  hefore  Her  Majesty's  st'cretary  of  state  for  the  ctilonies  copy  of  a  dispatch,  as 
uuirked  in  the   margin,  from   Her  Majesty's  minister  at  VVashin(;ton,  relativ*^  to  the 
seizures  in  Helirin^  Sea. 
I  am,  etc., 

J.  Paunckfotk. 
The  Under  Skcuetauy  of  Statk, 

I'olonial  OJfhr. 


|Iii('lo»iir<-  2.] 
Sir  I,.  West  to  ihr  Marquis  of  SalhhHry. 

Wasuinoton,  May  (>,  1887. 

My  Lord:  With  reference  to  my  dispatch  No. 8H, of  April  'i  last,  I  have  the  honor 
to  inform  your  lordship  that  the  case  of  the  owners  of  the  American  shipH  sei/.ed  for 
Healing  in  Hehriu);  Hen,  a^^ainst  the  cantain  of  the  United  States  cruiuer  Corii'in,  haa 
hecn  postpone«l  until  the  Governuieut  ih  prepared  for  the  dufuuau. 
I  have,  etc., 

L.  S.  West. 
The  Marquis  ok  Salisbury,  etc. 


ini'i.MM'nr.  -t.    -  itttt^  ' '  r    .-x  i^.inn  A    .fCVJ 


■*'"■?. 


l*..f 


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'«''>    .: 


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5 


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At 


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to. 


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^d?.. 


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iTr.Tr-"c    .t  I. .inn.  A    .irfj)  nr.nnin'r-^  ar.n. 


S  I  A 


Fox  !><"' 


M\i.  ■■•«     t**a-o  iir>*Mt**PM«a»   omuWXMi.  »  « 


168  SEAL    FI8HKKIKH    IN    MKRINO    SKA. 

No.  136. 
Sir  L.  Went  to  Mr.  lUujard,  Jnli/  H,  18S7. 
(Omitted  here,  being  printed  Hupra^  No.  l.'J.) 


No.  137. 
Mr.  linynrd  to  Sir  /..   Went,  July  \l,  1SS7, 
(Omitted  here,  being  printed  Hupra,  No.  4.) 


No.  1,'W. 
Sir  If.  Holland  to  Lord  LanHdoirne, 

No.  200.]  Downing  Sthkkt,  Jahj  14,  1887. 

My  Loud  :  I  referre*!  to  the  sceretary  of  state  for  foreign  atfairH  ** 
copy  of  yonr  lordship's  disputcih  No.  W.\  <>f  tlie  lilst  of  >Iiiy  hiHt,  in- 
ch)8ing  a  copy  of  an  approved  n'p(»rt  (jf  your  privy  eoniuMi,  respecting 
the  action  of  tlie  United  States  iiuthoiitit's  towards  IJritish  snbje<!ts,  in 
connection  with  the  sei/Jire  of  ('anadtan  scaling  schooners  in  liehring 
Sea. 

I  now  ira^lose,  for  communication  t(>  your  (Jovcrinncnt,  a  copy  of  a  let- 
ter received  from  the  foreign  oHlce  in  reply,  from  wliij'li  it  will  be  seen  that 
the  Mar<|iiis  of  Salisbury  is  of  opinion  that  it  will  be  desirable,  before 
any  farther  representations  are  made  t(»  the  Tnited  States  (fovernment, 
with  a  view  to  obtaining  reparation,  that  ller  Miijesty's  (lovernment 
shonld  be  in  possession  of  the  n'cord  of  rlie  jndicial  proceedings  in  the 
distri<!t  conrt  in  Alaska,  an«l  that  instructions  have  been  sent  by  tele- 
graph to  Sir  L.  West. 

You  will  be  so  good  as  to  transmit  to  me  a  <;opy  of  any  printed  papers 
which  have  been  laid  before  tlu^  i)arliament  of  the  Dominion  on  this 
subject. 

1  have,  etc., 

II.  T.  Holland. 


Gov.  Gen.  the  Most  Mon.  the  MAiUiUis  of  Lansdowne, 

(}.  C.  M.  G. 


etc. 


[Inclo8iiT0  No.  1.] 
The  foreign  oJfUv  to  the  colonial  office, 

F<iKKl(iN  Okkick,  Jnli/r*,  1887. 

Silt:  I  am  dirtTtcil  hy  tlio  Manini.s  <»f  Salislmrv  to  ..  kiiowlcilj^e  tlie  rt'ceipt  <»f  your 
Icttor  (if  till' 'JTtli  ultimo,  relating;  to  the  cumo  of  tlif  .sfi/.iin>  of  certain  ihitiHh  v»HHi)ls 
wIh'Ii  cn^a^^i'd  in  Hi<al  lisliin<r  last  iintiimii  in  Hclirin^  S*>a. 

In  i'ci>ly,  I  am  to  rciincst  tiiat  yon  will  state  to  Sir  H.  llollaixl  that  in  Tiord  Salifi- 
hury's  o|iiiiioii  it  is  very  dfsirabli'  that,  Ix'forr  any  furtht-r  rt'iiri'Sfiitatioiis  an'  made 
to  th«  t'nitt'd  Stall's  (JovfrnnH-nt  with  a  view  to  ohtaininj;  reparation,  II«>r  Majesty's 
Government  should  he  in  poHsegsion  of  thu  records  of  tht-  judicial  |irocecdingH  in  tho 


SKAL    I'lSHKlMKS    IN    HKUING    SKA. 


169 


dlHtriot  riMirt  in  AluNkit,  mnl  iiiHtrii<;tii)iiM  Imvo  Ihmhi  Hciit  h.v  t««lf)(rik|ili  to  Hir  L.  WoMt, 
ilirt'ctlh^  liiiii  to  i-<-i|iii'Ht  tliut  III'  limy  Im>  t'lirniNlicil  witli  llii>Mt<  ilDiiiiiifutH  liy  tlin  Uiilte«l 
StiitfN  (iovi'iiuiH-iil  lor  tln<  use  III  lli<r  Maji-Hlv's  (iovf|iiiii«Mil. 

I  am  t'lirllifr  to  rniiicHt  tliiil  tliis  ili-parliin-iit  imiy  l><<  Mi|t|iliiMl  witli  ii  fopy  of  tiio 
|ia|ii'rH  wliicli  liuvc  Imtii  luiil  Ih^Ioic  tlll^  CiiiiiMliiui  i'itiliiiiiM'iit  in  r«^ar^l  to  tiilHiiiifM- 
tioii.  • 

I  am,  ftr., 

J.    V.    LislKlt. 
'I'll.'  UmiKU    Sl'.niKIAKV    OK    STAIK. 

Colonial  (tfiui 


No.  i;{9. 


Sir  11,  T.  IIoIIkikI  to  Lord  LtiUMtloinic 

No.  L'7!>.)  Downing  Htukkt,  Atujusi  ir»,  1H.S7, 

My  Lord  :  I  liavti  tlic  honor  t(»  tniiiMiiiit  to  yon,  tor  coniiniinuriitioii 
to  your  miiiistt'i's  with  it'ltTt'iKro  to  pn'vioiis  coni'spoiMlMiicr,  copy  of  a 
letter  from  thi^  fon'if;ii  otliiM',  iiuMosiiij;  <'t»pi«'s  of  two  ilLspatirhcs  which 
havt^  been  ailtlrcsscil  to  llcr  Miijc.sty'M  minister  at  Washiiifiton.  respect- 
ini;  tlie  seizure  of  Hrltish  sealino  sehboners  in  Hehrinj;  Sea  l>y  an  Ameri- 
can revenue  vessel. 
1  have,  et(!., 

n.  T.  Holland. 
(lov.  (Jen.'the  most  Hon.  the  MAUt.'iis  or  Lansdownk, 

(;.  ('.  M.  (1.,  etc. 


'  [lllrldMUri-  Nil.  l.J 

{■'iini'iii  olftti  tit  roloiiidi  iijjiir. 

l'(»i:r.i(iN  Ori'K  K,  .{lujiist  j-,',  l^sT. 

•Sik;  WiMi  r««fficiici'  to  your  h'ttcr  ori-<tli  July  l;isl.  I  aiiMlirci  ud  liy  tfn'  Miiri|iii.s 
of  Kalisliiiry  to  transmit  to  yon  I'or  |||.'  inlormat  imi  of  Sir  II.  iloll.iiiil,  ('o)iirH  of  two 
tliHpalclifs,  Nos,  ll):t  ami  I'.M,  Intli  instant,  wliicli  iia  v--  lifcii  ;iil(lii'.sscil  lo  l|ir  .Majesty's 
niinist<-i'  at  Wasliinuloii  in  n'i;ai'il  to  tin'  sci/.nri<  of  Kriti.sli  scaling  Hrliooiiris  in  Kojir- 
iiig  .Sfa  l)y  tlir  rnitcii  .siaifs  aiithoritii  s. 
I  am,  etc., 

.1.   \.   Ldisikr. 
TIr' Undku  JsKciticT.vin  iW  Siati:, 

Colonial  Offici, 


[ IiiiiiiMun'  No.  J.  1 
Till'  Miiniiii^  of  Siilishiirii  In  Sir  I..  H'fut. 

F<iiii:niN  Oiiici:,  Antjitxl  Kt,  Hri7. 

>Sll{:  I  Inivo  to  inform  y(m  that  a  li'lioiam  lias  Ixi'ii  rii'i'ivr.l  from  tin' loinmamlcr- 
m-cliit'f  of  lltT  Majesty's  naval  foncs  in  tlic  I'acilir,  ilatiil  Nictcria,  Miiiisli  (.'oliim- 
Ilia,  ontin«7tli  instant,  from  \vlii<'li  it  appears  dial  an  Aineiiean  revcnne  vessel  hail 
Hcizi'il  tlii't't' more  Itrit  ish  ('nl.iml)i:iii  -ealiii;;  schooners  when  a  loiij;  ilistance  fnnii 
lainl.  ami  tliat  they  had  liee:i  taken  to  Sitka.  He  further  stated  that  several  other 
vfN.sels  in  Night  from  Sitka  were  lieiiig  towed  in. 

It  will  he  within  yonr  reeolleetioii  that  in  the  eoiri'spondeiiee  which  has  iccently 
tuk»'n  iihicti  in  rcganl  lo  the  previous  sei/nics  ol  three  liiitish  vessels  hy  the  I'liitcd 
States  nivcniic  cruiser  I  dririn,  Mr.  M.iyard  stated  in  a  note  dated  the  ltd  l''elniiary  (a 
copy  of  wliieli  accompanied  ynnr dispatch  No.  'M  of  the  following  day),  tliat  "  without 


J 


170 


SKAL    KISUKKir.S    IN    HKItlNG    SKA. 


concliisioii  at  lliis  tiiiK' ofilav  ■*!'  :tii,\  i|iifMt  inns  wliirli  iiia,\  he  rniiiul  to  hr  iiivdlvcil  in 

tlifsc  casfs  cifHci/.iirr,  oidiMs  liavf  I ii  issiicil  l»y  tlm  rrfsiilfiit'.'*  <lir<'t'lii)ii  lor  I  lie  iIIh- 

(■itiitiiinaiici'  iil";\il  |(cti(liii}i  iiri>i'fr(liii;^.s,  ilic  ilisrliarut-  of  tin-  vcsmcIh  rDlV'iTcil  tn,  himI 
llic  Tfira^r  of  all  inisiins  iiiiilrr  arif.si  in  cdnnft'l  ion  (JH-irwitli." 

IrtMjin.st  tinii  \oii  will  at  onct' lonininnii'ati-  witli  iId-  I'jiitol  Slutt's  (iovninnfiit 
as  io  t  lit'  naiiiiV  ot'  I  III'  inlorniat  Ion  wliiiii  lian  iraclii'd  t  lit-ni  in  i'c};aril  to  llii'sr  ini  llior 
Hci/iiii's  of  l!i  ii  isli  Vfsscis  liy  thi'  i'nili'cl  Si  alfs  aiil  lioiil  ii's. 

Yon  will  at  I  lie  sanii' I  inir  say  I  lial  Hit  Majcsiy's  (iovcrnniiiil  hail  aMMnnicil,  in  \  m'w 
of  llif  as>niahi-i'  con  vt'\  iil  to  yon  in  Mr.  Mayanl's  notf  ol"  T'clnnary  II  last,  tini  )mmu1- 
inj^  a  conclnsion  ot'  I  111'  ilismssion  lii't  wcrn  t lie  t  wo  ( lovri  nnii-nls  on  i  In  ^rni'i .il  i|n«m- 
tion  inviilvi'il,  no  I'nitli.!'  >iniilar  sri/nii's  of  MritiNli  vi'->si'Ih  wonlil  lir  ni.iilr  li\  nrdi-r 
of  tin-  I'niti'il  Statt's  (jiovt'liiiiK-iit. 
I  am,  rtr., 

SaI.I.MII  KY. 


(Ini  limiur  \m,  3  ] 
Tin  Maiijiiin  i)f  SaliHlnirii  Io  Sir  I..  S,   W'vHt. 

Foiii;i'  V  Okkici:,  An<iiint  Ki,  !-h7. 

Silt :  i  liavi>  to  ii<'kin>wli'il^i'  tin-  ri-i'inpt  ol'yonr  ili.s|)ai  rli,  No,  I'.M),  ol  t  In*  I'JI  li  nil  iinoi 
iiirlo.sin^:  piinti'il  copii'-*  of  till'  n-ronN  in  tin-  Initril  .Stall's  ilistrirt  roiirl  for  tlio 
ili.strict  of  -Maska.  in  tin- casis  of  tin-  Kiiiish  ColnnilMan  si-aim;;  si'liooni'i'>  Oincnrd, 
Ctiroliiia.  ami  Thnniliiii. 

1  HJionld  III'  ijlail  if  .\i>ii  wonlil  infoiin  inr  wlii-tin'r  tin  owiiitn  or  inasliTN  of  any  of 
tlii'M'  vcssiIn  li.ivi'  rntri'i'il  an  apiii-al  ajiaiiist  lln-  jnil;;ini'nls  ili'livi-i'i'ii  liy  llir  I'oiirf, 
ami  -.N  lirllirr,  if  llii'>   liavr  imt  alfrailx  ilonr  so.  snili  a  ronrsi'  is  •-till  ojumi  Io  ;lii'ni. 

It  is  also  <li'sii-,'ilil<<  that  Hit  Maji'sty's  liovn  nnirni   slioiilil  lir  fiiinisln-il  witli  a  full 

i'r|iort  of  tlii-|iroi' lini^s  at  tin'   trials  of  tin'    ina   tri's    wliirli    ri'sniti'il    in    llnir  I'oii- 

viction  anil  s'hti'iii'i'  to  iin|irisi>nini'nt  ami  tiiir. 

I  lijiN'r  Ini'l  lirr  til  ri'i|ni'st  t  liat  \  on  will  iinli-a  >'or  to  asri'itain  ami  i'i'|ioi  I  to  mi'  w  lien 
It  is  |irolialilr  t  lial  tin'  ,'i|i|)fals  rrfriiril  to  in  s  oni  ilis|ialrln-s  Nos,  "><  ami  I  lit,  of  t  iir  '.jil 
April,  I — ^7,  ami  ol  i  h.'  (it  h  .Ma\ ,  H-T,  irspi  rti  vi  i\ ,  nl  tlir  ow  inrs  of  i  ln'  .Vnn'iiiaii  sliipH 
wliiili  wi'ii'  si'i/i'il  on  similar  ;;ionnilH,  will  roim'  on  f o  •  hrariii;;,  ami  wlii'tliri'  anv  ar- 
ran^i'im-nt  lias  Ih-i'ii  or  ran  now,  in  yonr  oiiinion,  ad  vantajironsly  In'  inadt'  lirtwci-ii 
till'  ownrfs  lit' t  III-  Mril  isli  and  .\nii'riraii  vi'smi-Is  on  t  In-  oin'  s'di'  and  I  lir  ( iovi'iniMinl  of 
flic  I'liilril  Stall's  on  llii'  i.tln-r,  llial  oiir  of  tlirsi«  casi-s  nIioiiIiI  Iii'  ii';;arilril  as  a  li'st 
rasi',  liy  wliirli,  in  so  far  as  thi>  A.niTii'an  l<-;;al  Irilniintls  ari'  ronri'itu'd,  t  lir  rrtiiaiiiiii>r 
rasi'N  ini;;lit   lie  lii'ld  Io  I ilK'ludi'd. 

II  innst.  j^iowi'viT,  III'  clr.'irlv  nndiM.stood  tlial  an\  siii'li  arranjii'ini'nt,  if  inadr,  wonld 
only  al'i'i't  llir  I'-^al  ri'im  dn-s  whirli  witi- oprii  to  t  lir  masirrs  ami  owni'isoi  iIk'ho 
vcHsils  in  till'  .\mrriran  I'onits,  .'ind  wonld  in  no  di-^iiri'  limit  tlir  riy;ht  of  lirr  Maji's- 
ty's  ( Jo\  I'lnmriii ,  iifli-r  all  snrli  li'^al  i  rini'dns  w  rir  run  si  drri'd  to  lii>  rx  liaiisti-i|,  to  iii- 
ti'i'M'iii-  lliron;;li  diplomat  II'  rlianiii'ls  and  on  inti'rnatioiial  grounds  mi  lii-lnill  ol'  sii<;li 
in:'  ■>trrs  or  ow  iirrs. 

It  is  pri'sniiii'il  that  tin-  riTords  of  t  In'  prm  ri'diii;;.s  in  I  lie  cases  ot  tlic  mci/hh's  of  tlio 
Mriiisji  Hcliooiii'is  w  liicli  aicotiipannd  yonrdispatcli  No.  I'.iii.  were  ciniiinnnic!'ieil  olll- 
ciallx  to  III!'  Maji'sly's  leijaiion,  ;inil,  if  so,  I  reipiest  thai  yon  will   furnish  me  wilii   ;i 
copy  of  the  note  l>y  whiih  tiny  were  aceoiiipaiiied. 
1  am,  etc., 

SaIIsHIKV. 


Iliii'loHiirx  No.  4.) 
Sir   I..    Went  Io  Ihr  .l/(i»'(/(M«  of  Saliiihury. 


\VA.siii.\(i  ION,   ./«///   i'J,    I  ■'ST.     (|{ ived   July   J'J.  i 

My  l.nlU';  Willi  reference  to  yonr  loiilMliip's  lele^r;iin  of  the  Hill  insliuil,  I  hiiv« 
the  honor  o  li.'iiiHinil  lieiewilh  printed  copies  of  I  he  jiidieiiil  proceedin^N  *  in  tlio 
I'nited  States  disiriet  courl  for  the  dintrici  id  Alask.'i  m  the  Hevenil  cases  of  th« 
HrhonnerH  Onivnni,  I 'itroliiiu,  and  I'lioniioii,  proceeded  ii^rainst  on  a  charge  of  killing; 
fur  seal  ill  Alaska. 


I  nave,  eie 


L.  S.  Sackvii.lk  \VK..'<r, 


I'rinled  mtpra,  ineloHiiro  in  No,  14. 


No.  ;j'jr).| 


SKAL    riSllKRIKS    I\    BKHINO    SKA. 

No.    110. 

Lnnl   Lansdoicne  to  Sir  Henri/   lloUand. 


171 


AldlST   11»,   IS.sT. 


' •-, 

Sir;  I  liiiv*'  tlir  lidiior  to  inclose  licrcwitli  loi-  \oiii  inforiiKitioii  cuitics 
of  a  i«'|>orl  icfcixtMl  liy  my  iiiiiiistci  uf  nijiriiit'  ainl  tisliciu's  Jrom  tho 
(MtlU-rtor  of  t'u,st(»ms  ill  \iciuriii.  IJiilisli  (  olmnltia,  (lait'd  !Mli  instant, 
in  rcjiard  to  I  lie  st'iznrc  of  tlo*  scalns  (Irttir,  Dolphin,  ami  W.  /'.  Sotftrard 
by  I'nitcd  States  rcvennt' cnttcr  luclutnl  h'lisli. 

I  lie;;  to  call  \onr  special  attention  to  the  <le|»osition,  im;l<»s«'(l  in  Mr. 
IIainle,\'s  report,  o\'  Ciiptain  liainjf,  of  the  W.  I'.  Satfirard.  Von  will 
ol>seive  tl  at  Captain  l-iiinu  stilt es  particniarly  tinit  the  seals  of  which 
the  skins  were  tonn«l  <)n  hoard  his  \cssel  were  nt»t  taken  in  the  IW'liring 
Sea. 

If  is  scarcely  necessiiry  to  tlwell  upon  the  ;irievonK  liai<lslii|(s  occa- 
sioned l»y  these  seiznics,  lui  which,  iis  tar  lis  I  am  auiiie.  no  jiistilicaliou 
IniH  yet  l)een  foithconiiii;;,  not  only  to  the  owners  and  t(»  the  otlict'i's  iin<l 
('lews  liiit  to  the  liidiiiii  liiinteis  on  Ik-  imI,  \\  ho  were,  it  appeals,  "left 
to  tind  their  wa\  home  as  iliey  c<»iild"  lom  Sitka  to  their  own  Nilla;;e8, 

<tiw:f.|Iit     <llwiii>     Too    i>>n..o     I'f.^i..     ll...»     ..l.w... 


i.^      I.  .11.      i.i.     ..         »i«.i        II.  fill.       II.-.      1111      ,       i,rii|v|  I 

distant  ahont  7((()  miles  from  that  place 


Lanhdonvnk. 


|I)t<lfl!<nri'  JTiV  I.I 
Mr.  Hitiiiliji  III  Ml-.  Iinirr. 

ri'STuM-TforSR, 
Victoriil,  Itiilixh  Coliimhiii.  .(i(;/(i«r.l,  tSHT, 
Siif  :  On  liii-   .'illi   iM.-*i,iii(   J  Hi'iil    you  \<i»r<l   !•>   lflt>;4r)iiii  lli;it    llin-i-  niori' Ciinailiuii 
vchmIm  hail  111  (Ml  s«'i/ril  ill  Ki'lirin^  Sea  and  .scut   to  .Sitka  ;   (irua,  Ihil/ihhi,  aii'l  H'.  /'. 
Saiiuiinl.      I'iii-.  ui'WH  narlu'il   uh  l)y  tlu-  .■<ti'aiu«'r  ^>/i///i/>(i(;i,  iinil  llinlas  fnljowiii^  tlu' 

IIIH'li-  i»f  llir  If.  /'.  .S(l_i/IC«>'rf,  oui' of  itu'rtri/rri  M'SMl'l.s,  caiur  lidw  II  nil  lllr  slcaillrr  lilnho, 
I  li;i<l  liiiii  liiMi*  at  till'  cuHloinliitUHi' ami  Ins  >latriuruts  in  mii'im-  |iat  I  iriilais  wi-ro  ho 
iui|iiirtaut  lliat  I  iliuii^lit  it  ilriiralilr  i!iat  ir  sliiiiiiii  l)i'  lakfii  down  Itrtiiii'  a  notary 
liiililii' anil  1 1"  ilipiMit  ion  t'orwaiili'fl  ("mmi.  I  iiiclosr  it  iirii-wiili.  TIk' '.ri/iiii' wuh 
iiiaili'  on  till'  '.Mil  .Inly  l>y  ilw  niasU'i  i/t'  ilir  ri'Viiim'  ciiltri'  Hiixh  in  liclirin^  ."^i  a.  I'lotii 
Mi  to  |<>  iiiilrs  iVoin  .my  lanil.  Thi'  .-iUi.'is.  ','',\  m  niiiulii  r,  all  lakrii.  lu'  huvs,  hi  ilic 
i'ai'itii',  MriT  I<mI;ji'iI  ill  ilir  Alaska  ( 'i>ni|>aiiy'K  ■  iii-lioiihc  at  i*onalaska  ami  tli<'  m-nni'I 
luThrU*  Ni'iii  to.'^itka.  'I'lii-r*- ih  un  ilouttl  r.iiw,  li.>iii  iln-  ilrrlaia' ion  of"  tin-  niastrr  of 
tlir  I'liiiril  Statis  ii'\  rum- riif  t»  r  niaili- o]dii-iil,\  on  t  in- <ii  ik  nt' t  lu'  ^V.  f.  .^niiwiinl.  tlijit, 
ill  Hri/.iiiit  iliiHaiiil  till- III  liiT(  ■an/«^}!an  \  rs.Hols.  h"  vvaH  ii(  liii);  iiuili  r  ilin-rt  inslriii't  iiiiid 
iVnni  Ilir  I'liitril  St ali-M  I  iiiviTUliii'lit . 

I  I'oiwai'il  also  till'  iiifittuialion  laiil  in  I'li-  (listr)rl  i  nirr  at  .''>itki  -  'i'l  I'liiti'il 
Slati'M  attiiiiii'y  Ifall  a){ainst  tlu- iiiahti'i' ami  inafi' of  llir  H'.  I'.  Siiiiiitir'l  niiiict- 

lui'iilM  against  tlu'  iiiasii'r.s  anil  niati'^  of'  tlir  othiT  vi's.scIm  ari'  in  tlir  >-.  m\<  mnun  aiut 
ti'iiiis,  flic  .•omjilaiut  Immii^  that  thry  lnnl  l-.illi'it  I'm' .seals  in  Mcliriii);  .Si-a  roufrioy  to 
till-  slatiili'H  of  till'  I'niicil  Slati's,  iiml  against  ihi'  pfari-  ami  ili)(tiity  of  tlii>  I'uittMl 
Stall's  of  .\ini<i  iiii. 

Till'  caHr  is  to  hi'  Inanl  i.i  tin  ilislrirt  ronri  at  Siika  on  ihrV'Jil  of  I  hi-  nioui  li.  I'lir 
iiiat.i'  of  tlii>  <r.  /',  .S'dvKio'if  w.i-  allowiMl  out  mi  hail  in  ?5.".0l>  anil  ii'tiirin'il  la.st  iiigbt 
for  tin'  trial. 

1  luivi^  thi>  honor  to  lie,  xir.  your  oliciliiiiit  sorviiiil, 

Hon.  (iK.o.   v..  FosTKH, 

Miniilrr  of  Mitrim  anil  l'i»hrrui. 


172 


SKAI.    I'FSHKKIK.S    IN'    HKKING    SKA. 


f  rni'logurp  No.  2.1 
.ijfidarit  of  tndriw  Lainij,  male  of  nchooner  W.  /'.  Snifward. 


HKiDH  witli  suit  lakcii  IViiin  diir  I'.Hsrl.  Tlii'v  |)iit  ;iii  olllrrr  Iroiii  till*  liiiHii  on  liiiiii')! 
and  towfil  us  Dill  t't  sea  ami  ti)lil  us  to  ;.;ii  l<>  .Silkii.  Wi-  iinivccl  iImtc  mi  tin-  'i\iil 
Jiilv.  Hiiil  on  ihf  iii'Xt  (lay  :iii  i.ivcst  i;f:iti<in  was  lidd  liotort'  .Jii'l;;f  Dawson,  who 
bonn<l  ns  over  to  appoir  o!i  tin- -J-Jd  August  lor  trial.  Thf  vcssi-l  was  li'Ci  in  riiai^;*! 
of  tlid  Tnitcd  Slati's  olllcfis.  and  w(>  wcin  only  allowi'd  to  n>inoviMinr  riothin^.  Tlic 
Indians  wim'i-  li'Ct  to  lind  llii'ir  way  Iioiik'  as  tln-y  could  :  tln-y  wrrc  aliout  7(HI  iiiilos 
frofii  I  lii'ir  vjllaiics, 

rtliiT  say   that    wln-n   wr   wiTi-  i:il<t'n    I  spoke  to  tin'  captain  td"  tin-  IIiihIi,  and 
ini  we  had  not  taken  a  seal   in    Itidiiin;^  Sea  :    h<'   rcphed    that   "  I   am   sori'v    lor 

l..it-..    4..    ..1...V       ..i-.l..i-^     ..i.il     t.il.-..    ..(■..■-.- I  I.  i  II. #     I     ... .111.1    ....1....;^     ill     lt..li  i-i  ii.r    C.i.     ** 


tohl   him   we  nao   iioi    laiveii  a  ..leai    in    iteiiriii;^    .'^ea  ;    iii'    repiieo    iii:ii         i    am    si 
yon  ;    I  li;i\e  to  idiey  orders  iiiid  take  i-verylliiii;;  I  eome  across  in  ISehrin;;  Sea.  ' 

And  I  make  til  is  solemn  declaration  liy  \  irtne  of  t  he  act  passed  in  the  tliii'ty  Ne\  enl 
y(«ar  (d' 1  ler  .Majesty's  lei^n,  entitled,  "An  act  tor  the  snppieH.sion  of  voli.ntary  at 
t!.\tra  judicial  oat  lis.'' 

A.     I.AIMJ. 


ith 
id 


Taken  ,'ind  declared  liefoie  me  it  Niclm'ia.  Mrii  isii  ( 'oliimliia,  this  ■'ih  dav  of  An^^nst , 
1HH7. 

.M.  \V.    IvKWiinT  l>i!AKi;, 

S'olitni  I'lthlir. 


llncloHiire  X(i.  X] 
Inforninlii»i  n'rrrd  nil  .Imlnir   IaxUkj. 

IN  TiiK  Ki-iiticr  (  nrijT  ni    iiif  t\mi>  s  r  V  t  Ks  toll   I  III':  insriMcr  i>i'  .vi,.\ska. 
(Till' Unitiil  Slates  IK.  ir.iirLje  It.   I'lrry  ami  A.  L.iin^.     liiruiiMiiliiiii  j 

Di.sruuT  or  Alaska.  ««  ; 

(ieoree  |{.  I'eiiy  and  A.  I.ainy;  ire  .'iccnsed  liy  M.  1).  Hall,  rniteij  States  dlstriel  nf- 
torney  tor  .Maska.  hy  this  iufoiniat  ion,  <d'  the  crime  ol'  killing;  fur  seals  within  the 
vaters  of  .Maska    reiriloiy     commit  led  as  follows: 

The  said  <;eor;,'e  \\.  |'"en>  ;ind  .\.  I.ainy;,  on  the  -ih  day  of  .Inly,  A.  !>.  l""''",  in  the 
district  of  .Maska,  and  within  ih'  Jurisdiction  of  ihis  court,  to  wit.  in  the  hehrine; 
Sea,  within  the  waters  of  .Mask.a  'rerritory,  di  I  kill  ton  fur  si-als,  enntrary  to  tlie 
Hiatntes  of  t  he  I'nited  Slates  in  such  eases  iinide  anil  provided,  and  ajrainst  the  peace 
and  di;inity  of  the  I'niied  St«tcs  of  America. 

Dated  af"  Sitka,  tiie  ','Hd  dav  of  .Iiilv.  iB.sT. 


DlSTIttl    r   111-    .\t.ASKA,  MH  . 


I,  .M.  I>.  liall,  I  nited  .'slates  district  altorne\  for  .Maska.  Iteliii:  diilv  Hwont,  sav  tli' 


within  informal  ion  is  trn(>,  as  I  veiiU   helieve 


M.   I>.   Mam. 


Sllh^c■•ih^(^  ;,'id  s      irn  to  liefine  me  tlrs  -.Mil  d.iv  of  .liil\,  A.  I).  I~H7. 


I.. 


II.   K,   Mavimin.   Chvk, 
\\\  .\.  A,  Mi:vi:ii,  lUjuiiii  i  Ui-k. 

I  corlifv  that  the  \\iiliiii  is  a  line  copv  .d'ihe  inroniiation  llled  in  the  cause. 

II.    Iv    IIavi.mn.   t  hrL. 
l\\   A.  A.  Mkyku,   Ihjiulji  rhrk. 


SEAL    FI.SHKK1ES    IN    UKUINO    SKA. 


173 


IVrHoiially  Hp|i('arf<l  Ih'Coiv  iii«,  Muiitiif;ii<'  W.  Tyrwliiit  Iinikr,  notary  |nililio.  tliily 
aiitliori/.fd,  ailinidcd,  .■mil  swnni,  rrHidiii^  aiul  inarliciii};  in  Virlnria,  HvilJNli  Co- 
luriihia,  Aiiilrcw  i.ain^,  inulf  of  tlio  Kiit ImIi  hcIkioiii'I'  M  .  /'.  Sa/iwiuil,  w  ho  staifil  that 
thu  al»ovr-\vritt<'ii  iiiforiiiatiiin  \va«  ^^'I■v«•(l  ii|i(iii  him  hy  Mr.  .M.  I>.  Mall,  uii  iht'Viltd 
July,  IhrtT. 

[L  .s.]  M.  W.  'I'Yitwiirii    iMtAKi;, 

.\<il(iiy  I'lihlic. 


So.  Hi. 

iSVr  L.  S.  Sdclcrillr  W'rsf  to  Lord  Lduxiloirnc. 

No.  ()(».|  W'AsniNci  TON,  AiifiKst  L';{,  IssT. 

My  Lohi):  Witli  n-frrcnci'  to  .vmir  cxccllt'iicv'.s  f.'lc^^iiiiii  of  \\iv  Sth 
instant,  I  liiivc  tlic  lioiKii'  ti»  iiK-lo.sc  Itri'cxN  it  li,  tor  the  iiit'oi  nciiioti  of  vuiir 
ex(',t'll«'iic\'.s  (lovciiiiiu'iil.  ('(i|»i«'.s  of  tin-  reports  of  ("aptaiii  Slu'panl  of 
th«  llnittMl  States  cniisrr  h'lish,  ifspt'clhi;;  iIh*  sj'iziiic  of  the  Hiiti.sli 
sealing  vcs.scls  Atnid  iStch',  Sai/inird.  Ihilphin,  aiitl  (Irmr. 
1  lia\ »',  ftt;., 

\,.  S.  Sack VII. m;  Wkst. 

Ili.s  Ex'jt'IhMicv  tlip  .MAiiijns  ok  Lansmow.nk. 

tl.  C.  .M.  (i.,  ft'.'. 


1  IllI'lOHIlIf    Vll.    1.) 

Mr.    I'liii-iliild   III    Mr.    /.'i/i/flri'. 

Till  AS!  I(Y    l)»:i",\lil.MK>  i, 

,7 ((;/'"<'   I'''.    I~^". 
Slli  :    1    hll\  I'  the   h  I'll  I II'  Id  ark  now  Irtl^c  t  hr  rticilil  nl'  yniir  Id  lei'  nl'  t  hr  lilt  1 1  iiirstallt , 
in   whic  I     you     Ii'I'iT    to   illl'nl  luatinli     irciiMMl    tllli>ll;;li     llic    itiillNli     lilllllsti'l'  ah  to  tluf 

n'ffiit  Nfi/nri'1  l>y  I'nitctl  Sinic^  niiiNi-r^  nt  thu-i'  Ihiiith  Ciplmnliian  M'alin;^  scIkidm- 
iM'H  in  Iti'lii'iii;^  Sfa,  anil  M'i|ni'si  siiih  inl'in  iiial  ii'n  i>MthiH  I  )i'|iartiiiriit  im.N.m.sHi'H  nr  can 
ohtaiii  iViiiii  lis  au;i'iit'< ,  idaiiM'  to  >aiil  .M-i/iirrM,  a'ul  in  ii'|>l\  Ihi'iiin  I  linlitNi'  hrrr- 
with  ii(|MfM  III'  llif  ii'|iiii|s  III'  till-  raplain  nl'  tin-  iisciiiir  iiiHir  lluxli.  uali'il  tin-  Ith, 
11  111,  anil  l>th  nil  iinii,  ii'|iiiil  in;;  I  hi'  ni-i/iiri'M  <it'  thr  llril  i^h  ,s|i'aiii->rhiiiiiii-r  In /in  lU'rk 
on  the  t.'il,  thr  I'liitiMli  slrani  m  hunni'i'  /I.  /'.  .^ki/h nn I  i>i\  ;Im'  '.Mh.  tin-  Krir.xh  strain 
Hi'liiiiinrr  liitliihiii  nil  Ihr  I'Jth,  anil  the  liriti.sh  Mlra>:i-Hrhiiin.i-r  i'.o')'((i<'  mi  thr  ITlli 
ultimo. 

I  am,  I'll'., 

('.    .s.    KaIKI'IIII.I), 

'rill'  ."1:1  UKTAIIV  III'  ."^lAtK,  I'll'. 


I  Iiii'liMuri'  No.  '-'.  I 
Cuplain  Hhviiaril,  I  ,  .v.  Hiriinn    Murnif,  to  Mr.  luiirrliild. 

I    .    S,     K'KVKNt  K    .MaKINK    STI    \MI:I!     Ill  s||, 

OiniiiliiKha,  .l/dfiAir,  t/iW,i/ 4,  |h»"7. 

Sin  :  I  liavi*  tilt'  honor  to  ii>|iort  to  lln-  ri-patlmiiil  tin- Mii/nri'  on  ildth  .hiiir  of  tli*' 
MC'hoiincr  ''/((i//(H(/c,  III'  .s^catlli',  Wash..  II.  K.  .Inins,  masti'r,  ami  AUn'it  I>imi|;Iii>..  of 
Sealtlr,  Wash,,  incHiili'iii  (if  till-  |)<in;{liiK  I'm' I 'iiiii|ian,\ ,  "  maiiauniK  invni-r,"  I'm' vmlu- 
tloiiH  ofHcrlion  lltiil,  Ki'vi.si'il  Stat  iiIi'h,  ihi-y  having  skiiih  ol  I'l'inah'  I'nr-Hi'alN  ami  hkiio* 
ofnnliorii  Ni'al  on  lioaril,  w  liirh  latter  tln'  caplain  ami  mate  ailiiiittcii  witi'  tiikiii 
from  tin-  fi'inali"  ural  kilhil  Uy  ihi'iiiMi'l\  i'h  ur  tin-  i'M'W  nllhi'  M'.s.ii-I. 

Tho  Clnilli'iiiir  whrii  I'lniml  wax  anrhoii'il  at  .Akmitan  Islanil.  .MaHkii.  I  look  Inr  in 
low  ofllir  /i'i(h/i  .'inil  |<riii'i'i'ili'ii  til  •tiinaliiska  ami  liriivi'iiit  hrr  •■kiiiH,  Idl  in  iinniliiT, 
to  the  I'liiti'il  .Stall  s  ili'|iiity  iiiarNhal  at  this  iilact',  aiii  liuvc  takt'it  Imt  nrnm  iiinl  uiii- 
munition  mi  lioaril  thr  llitxh  lor  Nal'i'  kcfpiii};. 


174 


SKAT.    FISHKUIKS    IN    HKKINO    SKA. 


Till'  (^rcw,  ciiiiNiHt  int;  of  liCtfrii  iiumi  all  tolil,  wt-rr  sliippi'd  at  I'orf  TowiihimhI,  Wash., 
hy  H-  IJash,  I'niti'd  Stati'H  Hlii|i|iiiij;  I'oininissioncr,  ami  wen-  loiiiiil  iircMciit,  fxrcpt  iii^j 

AV'.  ('(inrat/.,  )>!' liri'iiiany,  Iranian,  wliniii  ('a)itaiii  .1 s  r<-|)oi'iH  wat  takt'ii  sick  and 

Hfiit  aslxnf  at  (inosi-  Islainl,  iWiti.Hli  (Jolimitiia,  ami  "liiiu-.s/'aii  Indian  of  Uritisli  C'<»- 
liiiiiliia,  \\  as  .sliiiiprd  in  liis  Ntt'aij  at  tliat  iilarr. 


III      4  in  III  lii,   III  M  I. "Ml     1   III  iiiiiiii  ii,   Ilia  iiii^  I II  ;^     II  \\  III  I ,   nil     ii    rifii  1 1  ii;;     \  ii_\  a^t  ,   ii  nil     iiii  ^  i  ii^ 

alinnl  :t:!l  srai-sk  ins  iin  Imaril,  I'.i  uC  \\  hirli  ;  in' rapt.iin  adniittrd  witi-  taki-nnn  Krlir- 
in^  Sea.      Ills  linalM  liaii  rrmitly  liciii  taken  mil  nf  tin-  walcf  and  rnnHiilrralilc  ln',->li 

Ncal  liltiiiii  and  ;;nri.v  wni'  t'liniid  on  drrk,  indiiaiin^  tliat  sral  liad   I n  sl-inni'd  and 

diTHscd  III!  Imai'il  tliat  day.  I  .sij/.i'd  the  mvhsiI  t'ni-  \ii>lalii>ii  td'  srcliun  I'.t.'id,  K'l'viMcd 
.StaliitrN,  tiiok  In-r  in  tow,  and  prorrt-ded  to  Oiinaiaska. 

Tliis  vrNscj  was  sfi'ii  on  .Innr  .10  in  nrarly  llic  sanif  position  as  wlim  wr  I'onnd  litT, 
liy  ('a  pi  ail!  Payi-,  of  t  lie  stcanirr  llnni,  w  it  li  sfvrral  Itoals  mit  ImnI  in;;  seal. 

I  found  on  I  ma  I'd  a  v\v\\  of  niiK'trt'ii  iih'Ii,  all  told  ( st-vt-n  wliitr  and  t  \vcl\  c  Indians), 
and  tlii-raplain  n-portt'd  tliat  on  .hini'  ;tlM  \mi  lioats,  containin;:  two  Indians  t'acli, 
wni'  lost  in  till'  fo^  and  iniild  not  In'  found,  in  addilion  to  tin'  .'ilnivc  niinilirr. 

I  has  r  di'iiv  iTi'd  tin-  Aiiiui  I'm  !.,  w  il  h  out  111  and  '.!:i  I  sr.'il  skins,  to  thr  I  nit  id  .'slates 
di'piit  \   iiiai'>lial  at  ( Iniial.'iska.     N<>  anus  or  :ininiiinil  mn  \M-ri'  I'oMiid  mi  imard. 

As  1  hr  oltii'i  r.s  of  t  Ili'M-  Vrssi'ls  havr  to  1(1'  lilkcli  licfol'i'  I  lir  1 'nil  rd  .•<!  ;ilrs  d  ist  lirt 
coiii'l  at  .'silka  lor  trial,  to  whiih  pl.irr  llii'ii'  is  no  rstalilislnd  mode  of  riin\  i-yanc*' 
from  licii',  I  havr  placed   the  oi'iieer-.  and  i  lew  s  of  lioi  h  visselson  hoard  the  sehooner 

f  7ifi//n/f/' .  and  dispatehed  Ifeniainill  l,olell\  en.  one  of  the  ele\\  (if  this  Vessel,  duly 
(|iialilied  :is  .'I  ilepnis  Iniied  .Slates  marshal  in  eliai';ie,  to  Sitka,  with  instrnetions, 
on  his  arrival  at  that  phiee,  to  deliver  the  vessel,  eaplains,  and  mates  lo  the  rniti'd 
States  inarshal  :ind  loset  theeiewsat  liherly,  l.oreiiyen  to  reinain  at  .sitka  until  the 
iiri'iN'al  of  the  It'iixli  at  the  einl  ot  the  season. 


niUll  s   lllill  siuil    illlll    Misei    I  III-  l'ie»  M  ill    llliei 

iiri'iN'al  of  the  Itiixli  at  the  einl  ot  the  season 
I  am,  eie., 


Hon.  ('.  S.    I'.MUciiii.i", 

Sicniitrii  of  tliv    Triiimirji, 


I,.    C.    SlII'I'SKK. 
('(ijiliihi    I  .    S.    li'i  n  11(11     Miiiiiii, 


I  Iiirliisini'  N'li.  3.  J 
('(ilihiiii  .^Iniiiiid,    I  .  S.    Kirii/iir  ,)furhir,  l<i  Mr.    I'lincliilil. 

1".  S.   K'kvkmk  .Mahink  Stkamku  l{tsii. 

I hiiiiiliiskii,   .lla.ikii,  ■liili/  11,  l--/. 

Silt:  I  have  ihe  honor  to  infoin>  the  llepaitineiit  that  on  '.itli  .Inly,  in  the  Itehriii;: 
iSe.i,  liiiiimle  .M  ■  I'.V  N..  lonuiimle  lii"  .M  \V.,  ('a|ie  ("heeidil,  (>iin,ilaska  Ishiml. 
lieaiiii).'  Slv  true  ,"i'.»  iniles  distani,  I  lioaidid  and  eNaiiiined  the  Itriiish  sehooner 
/r.  /'.  .S((i/i(((»i/,  .V.l.Tu  Ions  re^;ister,  of  N'ietiiria,  Mnlis'i  ( 'oliiiiiliia,  (ieorjic  H.  l-'erry. 
iniistei,  and  W.  D.  Warren,  of  N'ieioria.  Itriiish  ('olnmliia.  inunajLiin;^  ow m-r,  ami  lonml 
her  til  he  on  a  .sealine;  voyay;e  :   had  heeii  four  davs  in  the  jtehiinnSea. 

'I'lie  eaptain  reported  four  hnndred  iind  eiu;hiy-live  seal  skins  on  ho.ird,  sisiy-foiii- 
of  w'liieli  were  taken  in  t he  Mehriii^  Sen  :    found   the  vessel   under  short    sail   ami  nut* 


eaiioe  ami  t  w  o 


iiidi 


alls  mil   hunt  III''  se; 


Her 


insisted  of  .-.ix   while  nieii.al 


lold. 


id    si'Miileeii    liidialiH  fioiii   Mliti-h 


Coliiiiihia,  and  two  Indians  In  loii;riii|j  to  the  erew  nf  the  hriii^li  si  liooner    Imiii  Hirl., 


who  had  lost  that   \  esse!  in  a  fo^.      I  iimk  eliaij,;'  ot  t  he  \  e 


papers  ami 


lor    violation   ol'  section    I'.*  >•!,    |{e\  imiI    .Slat  iile-'.    took    In  i     in    tow    and    pioi 
ilasl. 


•  I  liei 
I'd    |M 
(  nin.'ilaska,  arrlsiii};  al   iiinlni^lii. 

I  have  delivered  the  imir  liiMiilred  and  ei^^htv  -li  v>'  seal  skin^  luund  on  ><oaid  to  the 
Cnited  .States  depiii  \  niaishiil  .ii  ihis  place,  and  will  -enil  the  vessel  an;  lierer«'tv  io 
Siika,  Alaska,  in  ehar;{e  of  one  of  ll)<   crew  of  this  vessel,  dtilv  i|iiiil:'i«>ii  as  h  ■   iiite.l 


St.'iles  deputy   marshal,  with   instructions  to  deliver  the   vcmm-I   with  lit>r 


th 


('ii|itaiti  and  mate,  to  thx  I'liited  Stiiti*H  iniii'shHl  an  Sitka,  uii  urrivHl  ■«!  ttMil  |«««1.  uiid 
to  set   the  crew  ut   lihel'tV. 


1   aill.  etc 


apUii 


SEAL    riSUKHIKS    IN    MEKING    SEA. 


175 


[Iiu'liiHiirc  No.  t,] 


('apltihi  SliviKinl,    I'.  S.  Hrrnnn  Maiinr,  to  Mr.  FairvUihl. 

V.  S.   K'KVKNii;  Maimnk  Sikamku  I>'i  sii. 

OiiiiiiIiihIciI,   .lldskkil,  .llllif   IH,    HHT. 

Sik:  i  liavc  tilt-  lionor  to  iiitnnii  tlit-  l>r|iarliii)'iit  tliat  tm  .liily  I'i,  in  tin-  Mt-lniii;; 
8«'a,  latitiKlf  r.l  '  :!M'  X..  IniiMitiitIf  Vu  lt:»'  W.,  (.;apt>  Clitririil,  Omiiilaska  Maiid. 
hear  ill  <^  SI'',.  kS.  -[D  iiiIIi'h  ■  istaiil.  I  linaiilcil  ihhI  fxaiiiiiiftl  tin*  Itrilisli  Nicaiii-srlKiiiiicr 
//((////i()(,  (in.ld  tons  rcjiistiT,  III' VictiM  ia,  Kiili^li  Coliiiiiliia.  .1.  I).  W'arrni.  iiiasici  ami 
Iliaiia^iii;;  owiht,  aii<l  Ciiuinl  Iut  to  In-  nii  u  Ncaliii^;  \  <»\  a^r.  'I'It  vcsmcI  had  Imtii  tliift- 
t\u\»  III  till*  Iti'liiiiii;  Sra  ami  liail  <il^  st-al  Nkiii.s  on  'loaid.  !'■  n  caiiorM  and  oih'  lioat 
were  out  !inntiii;r  si'al  at  tlic  tiim-. 

l''i(ini  tilt'  <aiiors  twelve  or  mnrr  di'ad  seal  were  taken  on  Iioafd  the  siIkioiht  while 
we  were  mar  her.  ami  three  skills  Iroin  senl  iceeiiily  killed  were  j'oiind  in  the  lio.at. 
Sei/ed  the  veHsel  tor  violation  of  .section  lll.'it;,  li'evised  .Statutes,  anci  t raiislerred  her 
linns  and  ainiiiiinition  on  hoanl  the  L'iihIi,  namely,  l  lueeeh-loadin;;  lilies.  •,'»>  lireeeh- 
loa<linu' shot  iiniis.  lUniii/./le  loadiiiLi  shot  i;iiiis.  I  lioiiiti  ;^nn,  I  revol\  ers.  ;!,  |(i  I  iciiinds 
aiiiniiinii ion  tor  liieeeh-loadiiii:  rilles, 'J.'i'i  rounds  :iininiiiiitioii  lor  sliot  ;;iins,  t  ke^H 
]io\vder.  .'ill  |ioiiiids  >hot,  ami  ot  her  small  ainniiinilioii.  Sei/ed  the  1  Itreeehloinliiij^ 
rilles  and  aiinniiiiit  ion  lor  same  lor  violat  ion  ot' sect  ion  r.).'il>  It'evised  Statutes,  atiil 
Bection  I,  I^Neeiitiv  e  <  )rder.  )iai ayi .1  |ili  .i;!,  dated  .May  4,  l^f^T.  I  plaeed  lieutenant 
I)ntiwiiody  ill  cliaini',  with  iiisi  i  iiei  ions  to  take  her  into  Oiiiialaska,  where  she  ar- 
rived 1  he  rollnwin;;  da.\ .  The  crew  eoii>i>leil  id' T  wliiii  men  and  "Ji")  Indians  I'roni 
lirit  ish  Coliniihia . 

On  .Inly  17.  in  the  liehiiii;^  Sea.  laiiimie  .'i.'i  III!  N'.,  loii;4it  mle  \u>  in  W.,  ('a|M« 
C'heei  Inl,  ( iiinalask.i  Island  lieariii;;  SI!,  h  I',.,  ".'ti  iniies  distant .  I  lioarded  ami  exam- 
ined the  liiilish  sieam-'tdioniH  r  arm  I ,  Tii.-^T  tons  re;;i^ter,  ofN'icloi  ia,  Mi  it  ish  (  oliimlda. 
^^■illiam  I'etil.  masli  r.  ami  .1.  I>,  Warren,  of  \'ietoiia.  Ilritisli  ('(diiiiiln.i,  inaiui^iii;; 
owner,  atiil  loiiml  her  to  In- on  a  sealin;;  vu\  a^ie  ;  had  In  en  ten  da\siii  the  ll.hrin^ 
Sea.  and  had  "I'l'.l  .-eal  skins  on  hoard.  When  lioarded  she  had  I'.'  earn  irs  a  in  I  one  I  mat 
out  hiiiitiii;;  seal,  .''^aw  one  se.il  shot  and  taken  into  the  hoat  wliile  we  were  near  her. 
Counted  Iv.'  seal  taken  oil  hoard  the  sthooner  Iroin  «>ne  eaiioe.  and  all  the  eaiioes  eoii- 
taiiied  more  or  le^s  seal  recently  killed.  'I'hi'  ea|ilain  re|iorted  takiiij;  '.tuseal  dnrini; 
the  ilay  and  l.'iii  the  ilay  |ire\  ioi;s.  Sei/ed  the  ves.sel  lor  violation  of  M'elioii  I'.l.'di, 
Kevisid  StiitiiieN,  and  'J  hre<'eli-loadin<;;  lilies  and  ammiiiiition  forHaine  for  violation 
of  Hi'ilion  I'.irifi,  !\*ev  i>ed  Si.'i4nte-,.  and  section  1.  executive  order,  paiani'aiiii  .'i:'.,  dal.<l 
41  h  .May,  l-HT. 

The  Clew  coii-%i»ted  i.f  il  while  meii.'Jl  Indians,  and  one  Chinaman.  I'laced  I  ••■ii- 
feiiant  Iteiihani  in  charge,  and  after  w  ,iil  in;;  >even  Iioiiin  for  hei' c.iiioi-^  to  return, 
Mome  ol  wlii<di  IkkI  lieen  a  lone  distance  fiom  the  vi'ss  I  tiiu\s  liei  Ml  low  and  |iro- 
ceedcd  to  Oiinalaska.  airixiii^  at   '.I  :tl)  this  a.  m. 

1  ha\  e  ihdivi'iid  the  se  il  skills  I'roin  these  vesstdn  to  tin  I'.'iiti  '  'states  depii  I  y  marshal 
at  t  his  |ilaee,  and  will  -riid  the  ve>i^ci>,  ill  rliat'kSe  of  men  from  I  lii>  \  1  ^mI  duly  i|liali- 
lied  as  I  11  it  id  States  de|iiiiy  malshals.  lo  SUk»,  to  lie  delivi'red  to  the  I  nited  Stiit«'8 
marshal   for  the  district  ol  Alaska. 

lt\  rei|iiesi  oi(','i|ii.  ,1.  |).  Warren,  of  the  linlfiktu,  iiiumi^iiiic  om  tier  of  the  sclmoiier 
J/MKj  link  (Hi'i/ed  "Jd  .Inly,  .-is  |irevi(niHl\  reiioiK'tl),  1  will  .Ht-nd  her  fo  Sitka  in  like 
tiiaiiner. 

Also,  on    It'.th  .Iiil.N ,  in   (he   Hclirinu  S.  i,  1  uitmlr  .V«     !•'    V      '  •  ide  170    :tH   W'., 

l)eliioi    I'oint.Si,   (Jcoijic   Inland,  show  iiiu    \.   Ih>  K.,  Kl  '  I    hoard"'     and 

o.vamiiieil    the  sel iier   Lih/    l..,iV.l.V>    tons    ivui^ta-i.   t>l    >.u      liaie!»<o.   »  al  .  ,1.  W. 

Todd,  master,  and  ('.  I>.  I.add.  ol  s.-in  I-'i.u.ci.m  .  .  iiuti«a;cin>t  ov\ ti<  t  and  toiind  her 
to  he  on  a  Hcaliii'.;  ^o;.  a^'c;  at  the  time  had  ,liit<e  Vioats  out.  oh*' ««l  »  Inch,  on  let iirii- 
in^  III  I  he  \  essi'i,  coiitaiiicd  I  wo  seal  rev'eiii  1\  killed,  i'iipt.tiii  'r\idd  and  Mr.  I. .old, 
repicscntiii;;  the  owner,  admiitetl  ilie\  came  iiii\>  tlieM-  w.«i>tN  l«n  till  pnipuM'.iiid 
had   taken  seal   in   the   Kehrin^  Sea.  nml  eliiiim->l  u  ri);li<   to  «(«t  so  mii.n  » lieit   niitnide 


th 


ill*  I 


iiiiit  from  the  hIioii 


I 


M'd    the  vessel    for    violation   ,>i    ><titH<4i    UV*y  l^'■\i!•«>•l  Sl,-»|«li'»«.      Tlieii'   heiiifx 


only  two  eomisHlonetl  olliei  rs  on  hoanl  iikiH  \ »■!«>>, .\  I  iiU«<i.i(  IVvtloMttin  Winslow  iiii 
board  the  sehoonei  lo  repreHeiit  the  I'niti-^J  Si)»tev;*iul  in'*HHvl«d  ln-t  e.-iplain  to  tak>' 
)i«>r  into  OuiittliiHka,  wliieli  he  a>;reeil  to  ihv  ih«-i>>  iH'iti^  t>Hi  iiiiu'li  m\-«  ninniti),;  at  th  • 
time  ti'  midertake  to  tovs  her  to  th)»i  pl.-ns .  (>ii  h«rtvri\al  I  will  make  furtlur 
n*i>oit  to  the  hcpHi  tinent. 
1  am,  etc. 


L.    U.    MlKfAUl 


nptaif 


17G  SKAI     FISIIERIKS    IN    HKRING    SKA. 

No.  142. 
Ijord  Lamtdoune  to  Sir  II.  T.  Ilolhnul. 

No.  338.]  QrKMKO,  Amjust  L'T.  1.SS7. 

SiK:  \N'itli  icfcrciu'*'  to  riiy  dispatisli  No.  .'JL'."),  of  the  IJMIi  instant,  in 
rofjanl  to  tin*  s«'i/ni(i  <>l'tlM?  seaU'is  (huive,  Ifolphiit,  and  W.  /'.  Sayictird, 
by  tlu'  llnit«'tl  Staffs  nncnm' cnttcr  liichard  h'uxli,  1  liav«*  tlu^  honor  to 
forward  lu'irwitli  copy  of  an  approvt'tl  niinntc  of  tin*  privy  conncrii  of 
Canada,  dated  L'.'Ul  instant,  to  wliicii  arc  appiMidcd  copies  of  tiu*  follow- 
ing' docnnicnts  : 

(1)  A  letter  from  W.  Handey.  c<dIeclor  of  cnstonis  at  \'n!ti>ria,  Uritish 
ColnmlMa,  to  tlie  minister  of  marine  and  fislicries. 

(2)  Tl.i*  allidavit  of  Andrew  Lainj;",  mate  of  tlie  seized  schooner  Say- 
ward,  sworr,  to  at  Victoiia  on  the  Sili  of  An;;iist,  IS.ST. 

(3)  'I"he  i/ilormation  tiled  in  the  distrittl  conrt  of  the  Ilnitetl  States 
for  the  disiri<'t  of  Alaska  aj^ainst  the  master  and  mate  of  the  Sai/irard. 

It  is  re(|nested  tliat  these  papers,  copies  of  which  w«'re  imdosed  in  my 
dispat(di  aiiove  mentioned,  may  he  transmitted  to  the  t'orei^Mi  ollice.  in 
order  that  a  remonstrance  may  l)c  addiessed  to  the  I'luted  .States  (lov- 
ernnu'nt  against  the  nn warrantable  action  of  the  commander  of  tho 
RunIi,  and  a  <daim  made  for  all  dama^^'cs  arisinjj;  from  the  seizure  of  the 
Sdi/inifd  and  1  he  detent  ion  of  her  olliccrs  and  crew. 
J  have,  etc., 

Lansdowne. 
Sir  II.  Holland. 


I  Iii)'losiiri<  Nil.  t. 


Ctrlijiid  iopfi  of  <i  report  of  a  roniiiiitlir  ni  the  lniiinriihlr  llir  jirini  coniivil,  aiiiirovcd  by 
liin  ijrnlltiu  11  Ihr  ;ii>vmioriirniral  in  coinicil  on  Ihc  \i',Uui  Aiiijunl,  l^.•'7. 

On  a  rt'iiiirl  iliitrd  ITlli  Aii;;iisi,  H-"?,  Inmi  ilii- iiiiiiistiTDr  iiiMriiif  anil  lihlicriivs,  siib- 
tiiittiii;;  with  rrCi'ii'iK-f  to  t  lu' (-ri/iiri'  li\  tlir  I'liitcil  StiilrH  slcaimT  IHchard  ItnnU,  on 
llic'.tili  .liily  hi.xi,  'II  the  lii'ln  111^  Scii,  oftlic  IJrilisli  Mi'liooncr  W.  /'.  Saynard,  of  Vic- 
toria, t  III-  follow  ill ^  |iii|iri>i :" 

(1)  A  Iclti'i  iVoiii  \V.  Ilaiiili'v.  (  ollcctor  of  ciistoiii'*  at  Victoria,  H.  C,  to  tlu'  tiiiuia- 
ter  of  niariiii'  ami  li^ill'^i^M. 

{'i)  Tlir  altidavit  of  AihIitw  Lain;;,  iiiali-  of  llic  sri/t-d  scjiooiu'r.  sworn  to  at  Victo- 
ria, on  tlif  Htli  Aiinimi,  I--7  :  ami 

(:<)  Till-  infoiniaiKin  lllcil  in  llir  diistrict  conrt  of  l'iiitc<l  Stati'H  for  IIm>  iliNtrict  of 
AhiHka  a;;aiiiK|  tin-  lMa^t(*r  ami  matt'  of  llii-  Smjinird. 

'I'hc  minister  ol)s<M  vch  I  hat,  n|ioii  irtfrrtH  c  to  tin-  allidax  it  of  tlu'  iiiato  of  tlii-HcliooiiPr 
S.-ijiwttrd,  it  a|>|>i'ai>.  that  ail  llic  seals  on  hoard  the  v«'ssel  were  taken  in  the  I'aeific 
Oeejin  and  lielore  ihe  vessel  entered  KelMHi;;  Se;i,  so  that  even  the  alle;;eil  riaini  oil 
the  pari  of  t h<  Lnited  Stali->  <io\einnient  lo  jiii  isdiet ion  in  ilie  Mehrin;;  Sea  is  not 
a\ailahle  in  Ihe  eas<'  now  eoiiiplained  of;  ami  would  also  call  allention  to  the  reply 
of  t  he  eominamlei'  o|'  t  he  I'niled  States  steann'r  Hivlmrd  Hush,  in  w  liieh  he  states  liio 
orders  wi're  '•  |o  lake  evcrvlhili^  he  eaine  aeross  in    the  Mijiiiii;;  Si'ii." 

'I'he  I'oinmillee  leeoninieml  that  \onr  exeelleiie\  he  moved  to  torwaiil  eopiesof  tll« 
annexed  papeis  toihe  I  lull  I  hoiiorahle  the  pi'imipal  seeretar\'  of  slate  for  th"  <'idoni(!S, 
for  traiiMiiission  to  the  loreitrn  ollice,  in  order  that  a  lemonstrance  may  he  made  to  tlio 
Lnited  Stales  (iovernineni  for  so  nnwarrantahle  iin  act  as  that  cominitted  hy  tiio 
coiiimandcr  of  i  he  liivhord  h'wh,  and  a  claim  inad(i  for  all  <laina;{<vs  ai  iNiii;;  onl  of  tho 
m'iziire  4if  the  schooner  M'.  /'.  Sttiiward  in  the  open  scii  ami  the  detention  of  oflictTS 
Hiiii  crew,  and  also  that  copies  (d  the  papers  he  sent  to  Mer  Majesty's  iiiiniHti<r  at 
Wasliiii^tioi. 

All  which  is  r>'speclfniiy  snitiiiitted  for  y<Mir  excellency's  approval. 

■John  ,J.  McfiKK, 

*  Clerk  u/  thr  I'riry  Council. 

*  Priiite«l  H¥j>ru,  iiicloHitruH  in  No.  140. 


Vio- 


SKAL    FISHERIKa    IN    BKRING   SEA.  177 

No.  143. 
Sir  If.  llolUmd  to  Lord  Lanrnhncnr. 

J>oWNlN(}  Strkki',  September  1,  1887. 

Mv  Lord:  I  liiivc  tlir  honor  to  triuismit  to  yon,  lor  (MXiiniiiiiicatioii 
to  your  (lovt'niiju'ii',  witli  n*frnMUM*  to  previous  iroiit'siiouihMuu',  :i  copy 
ol';i  «li.sp;it(tli  Ironi  I  lor  Majesty's  iniuistcrat  \Vashiu;,'l«>n,  i'u'losiii;;  «!or- 
n'spoMth'uce  with  th«'  liuitiMl  States  Secretary  of  Slate  relativei  to  the. 
reireut  seizure  of  s«'aiiti;i  vessels  in  llehrin;;'  Sea,  wiiieii  lias  lieeu  re- 
(teived  IVoMi  tlie  toreign  ollice. 
I  have,  etc., 

11.  T.    II')L1,AM). 

(lov.  (Jen.  the  Most  Hon.  the  MAUieiis  of  liANSDoWNi:,  ete. 


[IlirliiHIirc  1. 1 


Sir  I..  S.   II,  si  III  llif  Maiifuix  of  SnliMhiiry, 


1  luivi',  etc., 


I-.  .*>.  Sa(  Kvn.i.K  WKsr. 


'  liirliiHiiri'  2. 1 
.Sir  L.    »r<v/  to  Mr.  lUujard,  August  |l,  |H,-7. 
(Oiiiifli'd  hcri',  liciii;;  priiilrd  miiira.  Nu.  \^k, 


ril. 


[Ini'loNitre  K.] 
My.  liiiijaril  to  Sir  I..  S.  S.  Itixl.  .liKjimt  \.\,  IHH7. 


^Oniittod  JuMt',  heiiiu;  priiittvl  mtpni,  Nti.  If.,  j 

a.  Kx.  M»; — iL' 


178  SKAL    FISHKRIKS    I\    MIIKINO    SKA. 

No.   Ul. 

>('»•  //.    7'.    lldUund  In   Lmd   IjinsiltHcin . 

No.  .'{(KS.|  Dowmm;  Sikkht,   Srptunhrr   I,   1SS7. 

Mv  liOHi) :  I  have  tlic  li<»ii«ti' lo  liaiisinit  to  your  lortlsliij*,  lor  coiii- 
ininiifiitioii  to  voiir  iiiiiiisins,  with  irlVrnicr  to  |>r»'\  ioiiscoin-spoiHltMUM*, 
ii  copy  ot' ii  h'ttcr  IVoiii  the  iiilniiialty,  witli  oiit>  Irorii  the  roiiiiiiaiKlcr-iii- 
rhi»'l'iii  th«'  I'aciCw,  r«'S|M'ctiii;r  Hi«'  rapture  ot'tlie  scaliiif^schooiuT  ylypf^ 
JJi'ck  by  an  Ainciiraii  revt'iiiie  vt'SM-l  in  Ih'hiiii;:  Sea. 
I  have,  ele., 

II.  T.  Holland. 
(lov.  (len.  tiie  most  li(»ii.  the  Maijiji  i.s  (»i-  I.ansdow  NK. 

(1.  ('.  .M.  (;,,  ete. 


I  I  III  lux  1 1  lit  Nil.  I .  -    KMlHit.  1 

.itimiiallif  lo  ciiliiiiidt  iw/ii(. 

Al>Mii!\ii\,  .Iii<iiikI  '.H,  I'-HT. 
I  mil  ('iiiiiiii;inilril  liy  inv  IihiIm  ciiiiiiiiiNHiiiiirrs  nf  tlir  iiiliiiii'iilt  V  In  iraiiKtiiit  tlir  iw- 
roiii|iaii,viiiu  I'MniclN  tViim  it  li'ttci'  ilalid  .'iili  Aii^iihI,  Nu.  lv,'7,  I'liuii  tin-  rniiiiiiaiulcr- 
iii-cliit'f,  I'a<-ilii',  iriiortiii^  tlic  .state  nf  a  Dai  in  al  Mt-llaKiitla,  anil  tli*-  Nci/iirt*  nf  :» 
Hi'uliii^  NrlioiiiiiT  iiaini'il  llif  Jinia  />('(/.  lis  an  .Nmi'iii  an  ir\ciinr  vcsm-I  in  tin*  Kchiiii^ 
Sou. 

1  am,  iflc'.., 

\l.    I».    AWDIiV. 
T\w  I  niii:k  Si.(i:i  TAitv  n|-  Si\ri:, 

('tiloiiiiil  (>l}iir. 


I  Irii  liiHUiT  Nil. '.'.  — i;\lviirl.  I 
litiiiirnl  Sviiininir  lit  Ihr  xnit  liiri/  In  Ilii-  iiilminilli/. 

Tlill  .Mill.    .\  r    KsijCIMAI.I,    .tmillKl  :>,   1-1*7. 
I  iliil  imt  \  isil  SKK.i,  IliinUin^  il  ax  sm-II  wliil.'^l  lln-  Hi'liriii);  Sea  himIiii;;  i|iii'.-.tioii  is 

linsi'ttlril  tliat    I  .sliiililii   lint  (In  Nil. 

Siller  niv  return  1  lieartliat  llie    Uiiiti  link,  a  Nealiii'.i  siliiiniier,  li.is  Keen   M'i/eil   liv 
an  Aineriean  revenue  \essel  in  Meliiiii;;   Sea.  it    is  ie|iiiileil  lid   inile.s  iinitjieasl    ("roni 
St,  (u-nlj^e  iNlaml,   lull   Mil  lellalile  i  iirnrniat  inn  .'l^  tn  the  .spnt    lias    vel   leaelieil    nie  ;    us 
Hdoii  UN  il  lines  I  will  Inivvanl  pal  t  M  iilai.s. 
I  liave,  ele., 

.M.  ('.   Si:vMiiiu, 
III  iir  .  iilmirnl  iiinl  ('omiiiaiitliriii-l  'hivf. 
Tlie  Sk(  KKiAin    lo  iiir.  Admiu.m  1  V. 


No.   14.'>. 

Sir  Ilvnni  11  olid nd  to  Lord  l.nusdownc. 

DuWMNtJ    SUJKK'I',    Sr}>lt'.mhvr   14,    1.S.S7. 

^1y  LiiHU:  Witli    rel'ei'eiic*'  to  jnevioii.s  coi  re«po!i(leiiee.,  I    have  tlH> 

honor  to  a('(|iiaint  you,  t«))  tlie  inl'orinalioii  of  yoi'.r  inini.sters,  thiit  the 

Manpii.s  ol  SaliNlniry  eaiis«'tl  to  be  r«'f'ern'«l  to  the  law  ollieeis  the  eor- 

re.Hpontlenee    which    haw   pa^s«'^l   re.s[«e('tinj;   the   seizure  of  the  three 


SKAl,    FISIIKKIKS    IN    HKKIN({    SKA. 


179 


British  sciilint;  vrssrls,  flio  Thornton,  tln»  Carolina,  aihl  tin*  (hurard, 
by  tlif  I'mIUmI  Stairs  irvt'iiiu'  i-niiscr  Uoririn,  in  Urliiiii^  Sra,  anil  that 
they  advised  that  a  riaiiii  tor  <u>iii|M'iisatioii  iiii^ht  iiiopt'ily  \hi  made 
a;,'aiiist  tin*  I'liitcd  States  riovciiiintMit. 

I  t<'ie;,M'a|)h('d  to  yon  on  th(>  Ttli  instant  that  it  was  proposed  to  pre- 
fer a  chiiin  tor  eoinpensation  a<,Minstil)e  I'nited  Slates  (iovernineiit, 
ami  iiMpiiriny:  wlial  answer  yonr  ministers  woidd  Nniri^'est,  but  as  at 
present  ad^iseo  it  does  not  .xeem  to  nn*  desiraItU'  !«>  pnt  forward  the 
ehiims  whieh  aeeompanied  yonr  dispateli  No.  !>  ofilie  lotii  of  .laniniry, 
as  some  of  tliem  aie  apparently  mneli  e\a;:<:erated  and  a  new  issue 
wonhl  lie  raised  a.<«  to  the  reasonaldeness  of  the  elaims. 

In  the  mean  time  tlie  .Marcpiis  of  Salishnry  lias  a<ldress<'d  the  dispatch, 
ot  whieh  I  im-'ose  a  <'opy,  to  Her  Majesty's  minister  at  \N'jisliiii;jton,  tie- 
sirin;;:  him  to  eommnnieate  it  to  th(>  Secretary  of  State. 

Voiir  ministers  will,  ii(»  doubt,  take  this  matter  into  cimsidcratioii  at 
the  earliest  nioinent. 
1   have,  etc., 

11.  T.  Ilor.i-ANi). 

(lov.  (leii.  the  most  Hon.  the  Maki.his  ok  IjA.nsdonvm',,  etc. 


'  liirliMiiri-  Nil.  1. 1 

Till-  Miirijii'iH  of  Siilii-liiini  Id  Sir  /,.   Il'ixt,  Sifilvmliir  lH,  HS". 
(Oiiiillcil  liiTc,  lifin;;  iiijiiIimI  miiirii,  N'i».  17.} 


No.   I  |(i. 

iV/''  //.  v.  Hiillmnl  to  l.init  l^diisiltnrnf. 

|)<>\V.NtN(i   StkkH'I',  SrplenilKr  Iti,  1SS7. 

.My    I,o1!I>:   I    ha\c   llie  hoiinr  |(»  i  niiistiijt  to  yon   lor  cinnmniiicatiou 

t»»  y(nir  luni.-.liip's  ministers  cttpies  of  dispatelies  from    Her  Majesty's 

minister  at   W  iisiiinuton  I'espectinj,'  the  sei/nre  of  llritish  (Niliimbian 

\-esseIs  in  I'.ciirin.u  Sea,  wliicli  have  liceii  reeeiveil  Iroin  the  foreijLfii  ollice. 

I  ha\ c.  etc.. 

II.  T.    llnl.I.AM). 
(io\ .  (Jen.  the  most  lloii.  tiie  MAIJ«,>risol'  L  VNsDoWNI',, 

(J.  <'.  M.  (i.,  «'ic. 


■  '  lllllllNllll'    No.    l.| 

S'lf   I..   Will  lit  ilii    Maniids  III'  SiiliMluirti, 

\Vasiii\(;h>\,    iiiiinxt  '20.  t-iH7, 
M  \    l.uiti) :   1 1  w  till  III  ;i|i|)iMi'  1111111  ri'iiiM-'s  <>r  ( 'iii»laiii  Slif|i,irfl.  lit"  ilic  I  'iiitfil  Siali-H 

n'\  riuii'  cut  Id'  li'iisli,  1  liiit  I  III'  Sinnritfd  wa-*  I'ii))!  iiii-il  .Ml  iiiilrs  aiiil  I  In-  hnljihni  |ii  iiiil*>H 

Irmii  Capi'  ('liftTl'iil,  wliilr  till'  liniir  sviih  .sci/.cil  !•.'>  iiiiirs  rriiiii  (>iiiiala»kit. 
('a|ii>   ('litriiiil  lines   nm    a|i|)i':ir  mi  any   iiiu|i  or  cliiut,  Itiit    is  Nii|i|ii>mM|   tn  In- tlio 

no  rilii'iniiiost  pniiil  nf  llic  islainl  nl'  Oiinalanka. 

'I'lii-  islands  of  SI.  (Jioijji  ami  Si.  I'anl  ( I'l  ilis  lot"  IhIjiiuIh)  ari"  <liHfiiiil  IHi)  inili  h  from 

( toiiiilaska,  so  tiial  at  tix'  lini<>  of  tlir  Ni'i/iiri'  of  tlii'  (Inur  tliat  v<>Nsr!  would  liavt*  lii-t>ii 

S-~>  mill's  ilislanl  from  tlicin. 


180 


SKAI,    I'lsHKHIKS    IN    HKIJINO    HKA. 


To  ri-at'li  tilt'  hnt'diiiK  kihiiikIm  on  tlit' iNliititlH  of  Kl.  (iforKi>  an<l  St.  ruiil  llii<  hi-uIh 
|>UHH  r*>t{iiliul,v  lluoii^li  till-  I  liiiiiiiil  wliicli  Ni-|iaiiili'H  tin-  iNliiMil  iirninialiiHkii  tVom  tli« 
inIiiiuI  of  a  k  II I II II,  ii  till  tliiit  wliicli  si-|>:iiiiti's  A  kilt  a  II  rmiii  tin-  iHliiiiil  nf  I'liiinak,  callcil 
ri'N|i«M'tivrl,v  (Ik'  Akiitaii  aii«l  I  iiiiiiak  riiHrxi  anil  it  \h  Inn-  llial  the  hcuU-ih  la>  in  \Miit 
lor  tlifiii  till  llicir  pasMinf. 

It  In  iiniiiilaiiii'il  I  lial  t  Id*  capt  iiic  iit°  NcalN  in  t  liis  inaniDi'  Ih  in  \  iolat  Inn  of  hit  i  inn 
1  !).'><>  of  till-  I'l  \  iM-il  SlaliiltNol  llir  riiiiiil  MaliN,  anil  lliat  fliljiH  mi  i  a|it  ill  iii;^  llniii 
ui'o  within  \\:\'  liniilH  of  Ala>ka  'i'li  i  ttoiv ,  ni'  in  !lii'  ^^  alns  tlnirnl. 

Hilt  a|iart  tioiii  llir  i|iii'Nti<in  nf  triiitniinl  litnit  anil  llniii  to  Nri/i<  \'<'hn<'Is  in  tlio 
opi'ii  Ni-a,  it  iNiiipiiiil  li,\  ini|iailial  )>ri>i>iiN  thai  iinh'hM  honii' at  laii^jciiii'iit  \h  iiiihIi'  tor 
th(*  |iroti-i'tlii|i  III  till. SI-  valiiahh'  animals  nn  'hril'  |>iirha;;i-  to  tin-  hlrrilini;  );l°i)niMlN, 
tlii>  );rtiiiN,  as  in  thrra.si'tif  hraMr,  w  ill  ;;tiiilnally  Imtoiim- cxtiiit'l. 

It    In  a  kiio\Mi    tact    that    IfW,  if  aii>,  nimIn   |iiihH  oitthiilc   the   iHlaiiil  of  ( )iinala><k:t 
to  tio'ir  hit  t'lliii;;  ^khiimIs.  w  hicli  r\  iMt  only  on  tlir  I'tihylof  Islamls,  mul  that    tlnii 
|iaNKa;;i'  i>*  an  ir^iilar  as  tiit  ir  hicrilin;;  HcasiMi, 
I  ha\  r,  I'tr., 

I,,  S.  S.   \Vi>T. 


I  till  liiniiM'   No.   '.'.  I 

Sir   I.    Hisl  to  lli(    MiiniiiiH  of  ftulinhurj/. 

WAKItlMiKiN,    .IiKJUkI    '.'•>'.     !~H7. 

My  I,(iI(I>  :  Siii<<>  wtilini;  in\  |irrcriliny  ilispatrh  I  lia\i'  iirciNril  iiri\a!i'l.s  tVnni 
Mr.  Ma,\aiil  rii|ii<'s  of  iIk'  n  |>nris  nf  ('ii|it:iiii  Slir|>aiil,  alliiiii'il  tn  tin  ii'in,  iivsin'ctin); 
till'  sri/iii)'  nf  till'  l>llll->h  \  rssi'U  .1  loiii  />t(/.',  H.  I'.  S,i  i/ii  ii  III,  /'n/yiA  / /(,  atitl  (>'»■(((•(,  rn|iit's 
of   whidl   I   ha\r  llir  hiMlol    tn  ilirlnsc   In  \nll|'    lnl'*Ulll|i  hrli'Wllll. 

The  Siati'  |)i'|iai  Inirni  is  imi  in  pnsisi's.sinn  nf  ai:.v  tni'llii'i'  iiifcinn.'il ion. 
I  have,  I'tc, 

I,.   S.    S  At  h\  tt.t.K   Wis  I, 

I'.  S. —  I  lia  vc  I'liniinniiirati'il  rn|iirs  ol' ('a|ilaiii  Shriiard's  it'|ioi  ts  in  t  hi' >;n\  itiinr- 
Ui'tii'ial  nl'  C.MMila. 

I.,  s.  s.  \v. 


No.  1  r 


l.oril  LitHNtloinu'  tit  Sir  lltiirif  UitUund. 

|T('li>Kniiii.| 

SKI'IKMIIKU  L*."»,  1.SS7. 

I  iiiidcistiiiMl  tliiit  iillcr  Ml',  linyaid's  aiinoiiiici'iiiciit of  tlu'.'M  l'"t'lr 
niiiiv,  r«'.s|K'ctitijj[  IW'liiiii^  Sea  si'iziiu's,  iii,-<lriH'ti(Mi.s  wriv  «»'iit  in  lU'ctinl- 
ain'i^  Willi  it  to  till*  Ala.ska  aiitliotitics  by  t»'l«'n;iapli;  that  an  iiistiiimi'iit 
lor  tlic  ri'lfast'  ol  tlio  vf.ssfl.s  wa.s  tln'ii'iipoii  issiu'tl  l»v  tin*  <li.stiift  Jiidj^r, 
lait  that  .siih.si>iiii('iitl,v,(>ti  the  assuiiiptioii  that  tho  t«'lcn;iaiii  was  roi;>t'(l, 
lie  r«'S(  iiiiletl  tln'ordrf;  that  no  .strpsliavr  bcoii  talu'ii  li.v  tht' Depart iiifiil 
since;  thf  vi'.s.scis  air  Htill  ch'taincil.  My  (lOVfiiiiiu'iit  tiiiNt.s  tiu' lactH 
will  bi'  ini|iuic<l  into. 


No.  1  tcS. 

Lord  Lansdnirne  to  Sir  II.  T.  IloUnud. 

No.  .'572.]  (,)i'Kiu:(',  September  20,  IS87. 

Sib:  In  rontinnation  of  my  dispatcli,  No  .'{."l.S,  of  thf  'JTth  of  AnKiist 
ftTid  in  rofciTiK**' to  pr«'vious(!orrospoinU'n(!*»,  1  have  the  honor  to  iiKiloHe 
herewith  a  copy  »)f  an  approved  minute  of  the  privy  couneil  of  Caniuli*, 


8K.M.    IISIIKIJII'.S    IN     HI.IUNd    SKA. 


IHl 


«lHt«Ml  'Jl.st  of  Si'ptcmluT,  1H.S7,  covt'rin^j  «'(»|>i«'.s  of  a  rrpoit  (»C  my  mill- 
JHttM'  (»('  iiiai'iiir  and  lislinifs  irlatin;;  to  llit*  .s«'i/,iir«i  aii<l  tlclfiitioii  ot'tli«< 
Oaiiatliaii  s(Mliti;>:  scliooiiiu'  Alt'riil  Aihiins,  h\u\  of  oIImm'  <'aiia*liaii  scal- 
ing.' v«'ss»'ls  l»y  tin'  I'liilrtl  Siafrs  aiitlioi  iih-s  in  tlic  liclii'in;^  St>a. 

'I'Im'  IrtlM  (lii«'rt«'«l  to  tin*  I  iiilt'd  Slatfs  tlisfii*!  altonu'vat  Sitka, 
niarUrd  I)  in  ilio  iiiiiiistci'M  rt'iioit,  wliirli  cainr  into  tli<*  posscHsion  of 
in,v  (ii>vci'iini«-Mt  Miidri-  till-  riii-iiiiiHtiincrs  drscrilii-d  in  t  lir  t|<M-laiatii>n  of 
Taptain  l>\»'r,  of  tin-  Al/ml  Ailmiis,  Ims  luM-n  roiwardt'd,  toyi'tluT  wiili 
copii's  of  tlin  pap<'i's.  to  llt'f  .Maj('st\'.s  niinisici  at  W  asliinj^ton. 

TIm'  ciicmnstaiHM's  uiid»r  wliicli  tin*  AiIudis  was  sci/cd  do  not  dilVcr 
niatrrially  from  tliosc  atit-ndin;:  |>ir\  iois  st'i/.nrrs  m  the  ■ianir  walfis. 
1  liavt' already  laid  iicfore  yon  the  reasons  wiiieli  liaxe  leil  my  (lovern- 
inent  to  pi'olest  a<;aiii>l  tlie  a.Nsnmplion  tliiit  the  statutes  under  whieli 
other  si'i/uies,  and  I  piesume  I  his  also,  lia\  e  hren  made — statutes  ;ro\- 
tM'liiiijr  the  ecnnluet  of  persons  lishin;;  within  "  the  Ten-it ory  of  Alaska  " 
or  "  in  the  waters  theieoff//*/*' I '.S.  I.'ev .  Slat  •..,  IK.V),  !!>."»(:)  — are  appli- 
cable to  the  w  hole  of  the  waters  ol  the  llehnnu  Sea  ;  and  in  e;i.ses  where, 
as  ill  those  under  disenssion,  tlie  vessels  Hei/.ed  were  found  lishin<;  at  a 
jireat  distanee  from  the  iieiiicsi  lund. 

I  tiilsl  that  the  earnest  at  leiil  ion  of  I  Icr  M:iies;\'.>  ( li'Vci  iiiucnt  will 
l>e  y;iveu  to  tin*  stat»Mnents  eimtained  in  tiie  minister's  ici.oit.  No  sat- 
isfaetoiy  explanation  has  \ft  Immmi  ;iiven  ol  the  aetion  of  the  I'niled 
Slati's  ( io\  ei  nmeiil  siiliseipn-iit  to  Mr.  Iiayaid's  aninnineiMnent  o!  I'eh 
ruary  ."{,  «)f  the  present  year,  w  hen  it  was  stated  Wy  hi  u,  to  Her  Majesty's 
niinisler  at  \\'ashiii;:toM.  I  hat  "orders  had  been  issiii'd  liyihe  I'lesi- 
dent's  dii'eelion  tor  ihe  discontinnauee  of  all  pending.'  inocredin^s,  the 
disehai  ;^e  of  t  he  vessels  referi'ed  to,  and  the  release  of  all  persons  niider 
arrest  in  eonneetioii  theiewiih." 

Von  will  observe  tiom  Mr.  I'oster's  reeapituhil  ion  n|  liie  e\  ideiu;e 
which  he  has  bei-n  aide  |o  eolleet  and  t  he  doeninents  at  laehed  to  his 
report  that  an  impression  prevails  upon  the  spot  to  thectfeet  that  or- 
ilers  such  i's  those  dcseriited  by  Sir  I,.  West  wi'ie  aelually  issued  from 
^Vasllin;it(n'.  There  appeals  at  all  events  to  be  some  reasiui  for  Iteliev- 
iiili  that  a  tele;,'ram  anthoii/.iii'4  the  lelease  of  the  vessels  then  under 
detention  was  in  fact  reeeiv«'d  bv  the  distriel  jiid^je,  and  that  instruc- 
tioiiN  vveie  tln-reupcm  issued  by  him  lor  the  purpose  olCari'v  iiiy;  out  these 
orders.  'l'h(>  eireiimstaiK'es  under  whieli  those  inst ruetions  aie  said  to 
liave  been  sul)se<pient I_\  rescinded  by  tlie  district  .iiid;;ti  hav«'  not  un- 
naturally }iiveii  rise  to  the   ;;iavesl  suspicion. 

The  ministei-  has  called  atteiiiioii  with  ureal  force  in  his  lepiut  to 
tlie  injury  sustained  i»y  persons  en^.i'^^ed  in  the  sealiiiLT  industry  from 
tile  suspense  mid  ciicertainty  in  vvhicii  they  have  iiceii  kc|>l  diiiiii*,'  the 
liast  year,  ovvin;^  to  the  refusal  of  the  I  iiited  St.des  (1<»\  el  nnn'iit  to  },Mve 
any  explicit  asMiraiices  as  lo  the  treatment  which  they  i.ii^hl  exjiect  at 
its  hands. 

I  lia\e,  etc  , 

I, ANSIMtU  Nt;. 

rile  Ki]>;lit  lion.  Sir   II.   IIih.I.a.M),  etc. 


|Iiiii|iiNiiri-  Nil.  1. 1 

CerCiJiid  rnpif  nl'  a   >'•;-(•>•(  'if  ii  nimmilli  i  o/   Ihr  Ininiirahlr  llir  ftrivii  t  nuniH,  apfirovrd  by 
hin  ifitlh-iicii  I'i'f  loviriiitr-ijfiitial  in  inunril  an  Ilir  Vil"^  Sv/ilrmhtr,  I"-*. 

'I'lif  riiiiiinitti-*'  of  tilt'  jirivy  coiuicil  Iihv<>    iiiul    iiiiitt  r  coiiNitlcriition   Ilii>  ioiiioxhiI 
report   III'  till-  iiiinisti'r  nl'  maiiiir  lunl   ti)«lM>rii<s   vtitli    ri'liTi'iu-tt   to  tlii'  sci/iiro  niiil 


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182 


SEAL    FISHERIKS    IN    BERING    SEA. 


detention  of  Canadian  sealing  vessels  by  the  United  States  authorities  in  Behring 
Sea. 

The  committee  concur  in  the  said  report,  and  they  advise  that  yonr  excellency  be 
moved  to  transmit  a  copy  of  this  minute  and  the  annexed  papers  to  the  right  honor- 
able the  sec  tary  of  state  for  the  colonies. 
All  of  ^^'hic^l  is  submitted  for  your  excellency's  approval. 

John  J.  McGkk, 

Clerk  J'rivy  Coincil. 


If.  , 
'■'»«■■ 


r'-/* 


[IncloHiirc  &o.  2.] 
lii'Hort  of  Hon,  George  E,  Foster. 

Ottawa,  September  1"),  1887. 

With  refereiu-e  to  jtrevions  ('orres])ondence  concerning  the  seizure  and  detention  of 
Canadian  sealing  vessels  by  the  Unilcd  States  authorities  in  Behring  Sea,  the  minis- 
ter of  marine  and  fisheries  begs  to  submit  for  the  consideration  of  his  excellency  the 
governor-general  in  council  the  following  ])apers: 

(tt)  A  letter  from  Collector  Hamley,  of  V^ictoria,  British  Columbia,  dated  1st  Sep- 
tember, 1887,  inclosing  certain  jtapers  in  reference  to  the  seizure  of  the  Canadian 
sealing  schooner  Alfred  Adams  in  Behring  Sea  ; 

(6)  The  declaration  of  William  Henry  Dyer,  of  Victoria,  British  Columbia,  master 
of  the  Canadian  schooner  Alfred  Adams  ; 

(c)  A  (iertilicate  of  seizure  of  the  Alfred  Adams  signed  by  L.  G.  Shepard,  captain  of 
the  United  States  revenue  steamer  Hush  i 

(d)  A  sealed  and  unojieiied  letter  directed  to  the  United  States  district  attorney  and 
the  United  States  nuirshal,  Sitka,  Alaska  ; 

(e)  A  letter  from  Colli  (;tor  Hamley,  of  Victoria,  British  Columbia,  dated  2f)th  .July, 
relating  to  the  detention  of  the  Ciiniidian  schooners  Oiiicard,  Carolina,  and  Thornton, 
seized  in  August,  IhHti,  by  the  United  States  cutter  Coririii  in  Behring  Sea. 

(/)  Copyof  a  telegraui  and  order  purjiorting  to  be  from  the  United  States  Attorney- 
General  and  Judge  Dawson,  respectively,  relating  to  the  release  of  the  above-named 
vessels ;  and 

(g)  A  lettiM-,  dated  Sfjiteuiber  ;>,  1)^87,  from  the  law  firm  of  Drake,  Jackson  «!t 
Hehncken,  of  N'ictoria,  conlainiiig  ndd'tional  iiifornintioii  relating  to  tlie  saiU'-. 

From  the  above-nuMitioned  pMpers  it  apix'ars  that  on  the  (ith  of  Augnst,  1887,  the 
Cauiuliau  scliouner  Alfr<d  ./('(U/in,  whilst  engaged  in  cateiiiiig  seals  in  the  open  sea, 
nioie  tl.an  TiC  iniK's  distant  from  the  iieiirest  bind,  wiis  forcibly  seized  by  an  armed 
vessel  of  the  United  States,  her  sliiii's  ]iapeis  taken,  her  cargo  of  seal-skins,  l,:58ti  iu 
number,  loget'ier  "ith  all  her  firms,  uniiunnition,  iinil  lishing  impleiiieiils,  transferred 
to  the  United  States  cutter,  and  Inr  captain  ordered  to  proceed  with  sealed  ortlers  to 
Sitka  and  deliver  hinisell',  his  vessel,  and  men  into  tlni. hands  of  tin;  United  States 
miirslial  .-it  tlmt  id. ice. 

This  t!<'atinent  oftlK"  Alfnd  Adams,  whilst  peiic-jibly  pursuing  her  lawful  calling 
on  the  high  seas,  is  but  a  leiietition  of  the  imjiislilinlde  st  iziires  of  Canadiiin  vessels 
made  by  the  United  Stales  autlioi  ities  in  Behring  Sea,  and  which  have  beiMi  dealt 
with  at  length  in  iu'cvImus  reports  to  eonncil. 

The  niinister,  therefor*',  does  iKit  consider  it  necessary  in  this  instance  to  traverse 
the  ground  already  so  fully  covered,  and  rei'omiiiends  that  a  eoi)y  of  this  report,  with 
the  jiapers  attached,  l)e.  forwarded  to  Her  Majesty's  Governinent  for  their  earnest  and 
immeoiate  coiisideraticui.  and  that  a  copy  thereof  be  sent  to  the  Britisli  minister  at 
Washington,  tog*'ther  with  the  sealed  leiter  given  by  Captain  Shcpaiil  to  the  niastijr 
of  thv  Adams,  with  the  re(|nest  that  it  be  forwarded  to  Mr.  Secretary  Bayard.  With 
reference  to  the  attaidu'd  papers  K,  F,  and  G,  the  minister  observes  that  from  the 
first,  E,  it  aiijiears  that  iin|uiries  made  by  t  he  collector  of  customs  at  Victoria,  Britisli 
Columbia,  in  July  last,  resniled  in  his  olitaiiiing  the  information  that  Judge  l)aws(ui 
had,  ni»  to  that  date,  receive<l  no  orders  for  the  release  of  the  Canadian  sciiling  ves- 
sels seized  in  18H(1;  that  the  vess(ds  had  not  been  sold  and  reniainiul  still  under  seiz- 
ure, and  that  ,'ntlge  Dawson,  when  <iuesti(med  as  to  the  report  that  a  telegram  had 
been  sent  to  him  by  the  Attorney-General  of  the  United  States  ordering  the  release  of 
the  vessels,  had  rejdicd  that  he  jiad  heard  of  this  rejtort  before,  but  that  nothing  of 
the  kind  had  reached  either  himself  or  the  United  States  marshal  at  Sitka.  The 
paper  marked  F  jnirports  to  be  a  copy  of  a  telegram  dated  January  '2i>,  1887,  from 
United  States  Attorney-General  Garland  to  Judge  Dawson,  ordering  him  to  release 
the  vessels  seized  in  August  preceding,  and  of  okder  founded  thereon  frinn  Judge 
Dawson  to  the  United  States  marshal  at  Sitka,  bearing  date  February  IK,  1887,  di- 
recting him  to  release  the  Carolina,  Onward,  Thornton,  nml  San  J)ie<io,  together  with 
all  their  tackle,  apparel,  skins,  gnus,  ammunition,  small  boats,  and  everything  per- 
taining to  said  vessels.     The  thiiil  paper,  marked  G,  is  a  copy  of  a  letter  from  the 


SEAL   FISIIEKIES    IN   BEliING    SEA, 


183 


law  firm  oflJrake,  Jackson  &.  Helinckfii,  of  Victoria,  British  Columbia,  to  tliti  min- 
ister of  jlisticts,  inforniiiijj  him  th;it  they  are  advihiid  tl'iit  a  tch'firain  was  received 
by  Judffc  Dawson  from  the  ITiiiled  States  Attoriiey-fieni'ial.orderinf^  the  release  of 
the  vessels  above  referred  to  ;  that  Jiidj,5e  Dawson  did  issne  an  order  accordin>i;ly,  but 
that  he  afterwards  ri'sciuded  the  order  on  the  assumption  tliat  the  telefjram  was  a 
.forgery,  and  that  since  *'  no  ofticial  letttMs  of  any  sort,  eitiier  confirnnn;;  the  telegram 
or  respecting  the  affair,  have  been  received  at  Sitka." 

The  minister  observes  that  if  the  information  conveyed  in  tlie  above-mentioned 
papers  is  corrtct,  of  wliich  there  appears  no  reasonable  doubt,  it  reveals  a  state  of 
affairs  by  no  means  satisfactory. 

On  the  I'd  of  February,  l-jHT,  Mr.  Secretary  Bayard  informed  tlie  British  minister  at 
Washington  that  "orders  have  hcA-n  issued,  by  tin)  President's  diretition,  for  the  dis- 
(Mintinuance  of  all  pending  proceiMliiigs,  the  discharge  of  th(>  vessels  referred  to,  and 
the  release  of  all  persons  under  arrest  in  connection  therewith."  A  telegram  in  ac- 
cordance with  Mr.  Bayard's  communication  appears  to  have  been  sent  to  Alaska,  and 
an  order  based  thereon  to  have  been  issued  by  the  district  judge,  but  to  have  been 
afterwards  rescinded,  and  no  further  action  has  been  taken  up  to  (late  of  latest  infor- 
mation. Meanwhile  the  vessels  remain  under  seizure,  the  seal  skins  are  forfeited, 
and  the  property  of  Canadian  citizens  forcibly  withlield  from  them  under  circum- 
stances which  involve  very  great  loss  and  damage. 

The  minister  further  ob8t;rves  that,  with  a  view  of  guiding  the  action  of  Canadian 
citizens  interested  in  sealing  in  the  northern  seas,  repeated  attempts  were  made  pre- 
vions  to  the  commencement  of  the  present  season  to  obtain  an  official  expression  from 
the  United  States  Government  of  the  policy  they  proposed  to  pnr&ue  in  their  treat- 
ment of  foreign  vessels  sealing  in  Behring  Sea,  but  that  these  efi'orts  proved  altogether 
unavailing.  From  Mr.  Bayard's  commnnication  of  February  ;?,  1887,  above  referred 
to,  the  fair  inference,  hcwever,  was  to  be  drawn  that,  until  the  question  in  dispute 
between  the  two  Governments  as  to  tlie  legality  of  the  ])revious  seizures  liad  been 
tinally  disposed  of.  jio  further  seizures  would  be  made  And  there  is  no  doubt  that 
on  the  strength  of  this  communication  and  in  tlie  absence  of  any  explicit  statement 
of  policy  to  the  contrary,  Canadian  citizens  did,  in  the  begiiming  of  the  present  season, 
embark  upon  their  customary  sealing  expeditions  to  Be'nriug  Sea,  under  the  reason- 
able impression  that  they  would  not  be  interfered  with  by  the  Cnited  States  authori- 
ties so  long  as  they  conducted  their  o])erations  iu  the  open  sea,  only,  howev(>r,  to  find 
their  vessels  seized,  their  proi>erty  condscateil,  and  their  ventures  completely  ruined. 

It  is  respectfully  submitted  that  this  condition  of  affairs  is  in  the  higluist  degree 
detrimental  to  the  interests  of  Cannda,  and  shonlil  not  be  permitted  to  <M)ntinu(^  For 
nearly  two  years  Canadian  vesscds  have  been  expose-d  to  arbitrary  si'izure  and  (ionfis- 
eation  in  the  pursuit  of  a  lawful  ((ccupiition  upon  the  high  seas,  and  ('aiiinlian  citi- 
ztms  sultjected  to  impT-isonment  and  serious  financial  loss,  while  an  iini»ortant  and 
remunerative  Canadian  industry  h;is  been  thre;itened  with  absolute  ruin.  This  course 
of  iiction  has  been  imrsued  l>y  Uniteil  States  oriictn's  in  op[tositi<)n  to  the  c'uUeiition 
in  the  past  of  their  (lovernmeut  in  regard  to  tlie,  waters  in  wliicdi  thi'se  seizures  have 
taken  place,  in  violation  of  llie  plainest  di(!tates  of  internationul  law.  and  in  the  face 
of  repeat(!d  and  vigorous  prol(\stsof  liotli  rhti  Caiiailian  and  British  (Jovernments. 

The  minister  advises  that  Her  Majesty's  (iovernment  be  ag.ain  asked  to  give  its 
serious  and  imnuidijiti^  attention  to  the  repeatiMl  r<Mnonstraiices  of  the  Canadian  Gov- 
ernment against  tlieunwarrantabhi  action  of  the  United  .States  iu  respect  to  Canadian 
vessels  in  Biduing  Sea,  with  a  view  to  obtain  a  sjxu'dy  recognition  of  its  Just  rights 
and  full  reiiaration  for  the  losses  sustained  by  its  citizens. 

The  whole  respectfully  sulimitted, 

Gko.  !•;.  FosiKK, 
.}fii>i>ttfr  ol'  Murine  aiid  Fi^hcrit'S. 


[IiR'losure  No.  3.] 

Hon.   Mr.  llnmhji  to  fJoii,  Mr.  I'onlar. 

CtT.sT(>M-lI()rsK,  Victoria,  Sciilinther  1,  l>87. 
SiU:  Oil  the  7th  \ugust  the  muster  of  the  United  States  revenue-cutter  I'lish  seized 
in  Behring  Sea,  <>()  miles  from  any  land,  the  Canadian  schooner  AlJ'rrd  Adann^.  Her 
register,  clearance,  guns,  and  annnunifion,  ;ind  (he  seal  skins  she  Ind  taken  (1,:{80) 
were  all  taken  from  her  and  the  vested  herself  ordered  to  Sitka.  No  one  from  the 
revenue-cutter  was  put  on  board  by  (japtain  .Sliepard,  and  the  master  of  the  Alfred 
Adams,  instead  of  going  as  he  wiis  desired  to  Sitka,  nUurnetl  to  Vict(uia,  arriving 
here  August  M.  1  forward  the  master's  deposition  before  a  notary  )tublic  and  wiiat 
Captain  Sliepard  is  i)leased  to  term  a  certificate  of  the  s(-hoouer's  seizure  signed  by 
himself.     Mr.|  Drake,  a  solicitor,   is  at  Sitka  waiting  for  t!i«  case  to  bo  heard  in 


■k^ 


184 


SEAL    FISHERIES    IN   BERING    SEA. 


court;  llie  trial  whh  dclaye*!  lor  tlie  arrival  of  the  Itunh  and  ahe  was  ej.pecte«l  ahout 
the  beginning  of  this  mouth.  Mr.  Drake  will,  no  doubt,  report  Mrect  to  the  minister 
of  justice. 

I  have  the  honor  to  be,  sir,  your  obedient  servant, 

W.  Hamlky. 

I  inclose  a!so  a  sealed  letter  addressed  by  Captain  Shepslrd  to  the  district  attorney 
and  United  States  marshal,  at  Sitka,  which  the  master  of  the  Alfred  Adams  brought 
down  with  him  and  which  you  can  deal  with  in  any  way  you  think  fit. 

W.  Hami.ev. 
Hon.  Gkokge  E.  Fostkh, 

MitiiHter  of  Murine. 


[IiicloHiiro  No.  4.) 
Declaration  of  // .  //.  Dyer, 


■    V   *. 


4;'4, 


;■'  * 


In  the  matter  of  the  seizure  of  the  sealing  schooner  Alfred  Adanis  by  the  Unite<l 
States  revenue-cutter  llicliard  linsii. 

I,  William  Henry  Dyer,  of  Victoria,  B.  C,  master  mariner,  do  solemnly  and  sin- 
cerely declare  that : 

(1)  I  am  the  nuister  of  the  schooner  Alfred  Adaum,  of  the  ])<)rt  of  Victoria,  Hritisli 
Columbia,  engaged  in  Ww  liusines.s  of  catching  seals.  On  tli<!  ("tli  of  August,  IHH7, 
whih^  on  board  the  said  schooner  and  in  couimaud  of  the  same,  bring  in  latitude  ^A^ 
48'  N.  and  longitude  1()7^  -lU'  W.,  the  I'uited  States  revenue-cutter  liiohard  I\Hnh 
steamed  alongside,  lowered  a  boat  commandcfl  by  the  first  lieuteyaut  ami  boat's  crew. 
The  said  lieutenant  came  on  board  tlie  said  Alfred  Adorns  and  ordereil  me  to  take  the 
ship's  register,  log-book,  articles,  and  all  otlier  of  the  shiji'.s  ]»aiterH  on  board  the 
Richard  Unxh.  in  obedit'uce  to  his  command  I  took  all  saiil  papers  and  accompanied 
the  said  lieutenant  on  board  the  linsk.  When  I  arrived  on  board  the  limh  the  captain 
of  the  Itnuli  asktid  me  what  was  my  busiiu'ss  in  the  l>ehriiig  Sea.  I  r<^]died,  taking 
seals.  He  iu<|uired  how  many  skins  I  had.  I  re]t]i«'d  l.IWlJ.  II«  then  sain  he  would 
seh;e  tlie  ship,  take  the  .skins,  amis,  aiTimunition,  and  sjjcars.  I  stated  I  diil  not 
think  the  ship  was  liable  to  seizure,  as  we  had  never  taken  a  seal  within  (iO  miles 
of  Ounalaska  nor  nearer  St.  Paul's  than  (10  miles  south  of  it,  and  that  we  had  never 
been  notified  that  the  watt>rs  were  prohibited  unl»'ss  landing  and  taking  them  from 
the  iBlanil  of  St.  Paul's.  He  stated  he  must  obey  the  orders  of  his  Government,  and 
that  our  Government  and  his  must  settle  the  matter,  and  ordered  me  to  jiroceed  on 
board  the  said  schooner  and  deliver  up  my  arms,  ammunition,  skins,  and  spears.  He 
sent  two  boats  belonging  to  the  BuhU  in  charge  of  tlie  first  and  setuind  lieiittMiant  of 
the /»'««/»,  respectively,  and  manned  with  sailors  from  the  liu^h,  who  came  on  board 
the  said  schooner  (I  returning  in  company  with  the  first  lieutenant). 

They  took  fnun  the  said  schomier  l,;5pi(!  skins,  4  kegs  of  ])owder  (3  triple  V  and  1 
blasting  powder),  .')t)0  shells,  ;J  cases  of  cajis  and  primers,  9  breech-loa<ling  double- 
barreled  shot-guns,  1  Winchester  rifle,  all  in  good  order,  and  I'-i  Indian  sjiears,  and  he 
then  gave  uus  a  sealed  letter  addressed  to  the  United  States  marshal  and  United 
States  district  attorney  at  Sitka;  he  also  gave  me  an  acknowledgment  of  the  goods 
taken  and  also  gave  me  a  certificate  that  the  said  schooner  was  under  seizure,  and 
after  being  alongside  for  about  three  and  a  half  hours,  I  received  orders  in  writing  to 
proceed  to  Sitka  and  report  to  the  United  States  district  attorney  and  marshal.  We 
then  parted  company.  My  crew  consisted  of  myself,  mate,  two  .seamen,  one  Chinese 
cook,  and  twenty-one  Indians.  Previous  to  the  .said  seizure  we  had  si)oken  the 
schooner  Kate,  of  Victoria,  and  had  been  informed  by  the  mate  of  that  vessel  that  tln^ 
crows  (and  particularly  the  Indians)  taken  to  Sitka  on  schooners  previously  seized 
had  been  very  badly  treatt'd.  The  Indians  brcame  very  mutinous  on  learning  that 
we  were  to  jiroceed  to  Sitka  and  report  to  the  United  States  authorities,  and  declared 
they  would  not  go  to  Sitka,  ami  to  avoid  trouldc  1  came  to  Victoria  instead  of  going 
to  Sitka.     I  arrived  in  Victoria  on  August  M,  1"<'^7,  at  about  7  p.  m. 

And  1  make  this  solemn  declaration  conscientiously  believing  the  same  to  be  true, 
and  by  virtue  of  the  oaths  or<linance,  Iritili. 

W.  II.  Dykr. 


Declared  before  me  this  1st  day  of  September,  1887,  at  Victoria,  British  Columbia. 

H.  Dallas  Helmckicn, 
Notary  I'nbiic  in  and  for  the  Province  of  British  Coluvibia. 


SEAL    FISHERIES    IN    BERING    SEA. 


185 


Uritisli 

■;  1887, 
fie  54c 


fliiclosure  No..).] 
Ctriijitiaie  of  seizure. 

UNlTKn   STATKS   IvKVKNTK   StKAMKK   KlSH, 

Jk'hritKj  SfU,  Aiig)iiitii,  1887. 
To  whom  it  may  coment : 

This  will  cwtify  that  I  have  this  day  Hciztd  the  British  schooner  Alfred  Adams,  of 
Victoria,  B.  C,  Captain  W.  H.  Dyer,  iiiatiter,  for  violation  of  law,  and  have  taken 
charge  of  his  ship's  papers,  viz,  rejj;iHter,  shipping  articles,  clearance,  hill  of  health, 
and  log-hook  ;  also  her  arms  and  seal  skins. 
Very  respeetfnlly, 

L.    G.    SUKI'AKI). 

Captdiii,  ['uihd  SUiten  Uvrenuc  Marine. 


(IiiLloaiire  No.  G.  | 
Hon.  Mr.  Ifamlry  to  lion.  Mr.  FoSifr. 

CusTOM-HousK,    Victoria,  Julij  2C,,  1887. 

Deah  Sir:  Captain  Carroll,  master  of  the  American  steamer  0///w7Ha«,  has  been 
taking  j)artie8  of  excursionists  to  Sitka,  and  I  a.sked  him  to  sec^  the  judge.  Mr.  Daw- 
eon,  and  find  out  something  wn  could  trust  res])ecting  the  seized  vessels.  Dawson 
told  him  he  had  received  no  orders  whatever  for  tbe  release  of  the  vessels;  they  have 
not  been  sold,  and  remain  as  they  were,  under  seizure.  Captain  Carroll  told  Daw- 
son of  the  telegram,  dated  last  January,  purporting  to  have  been  sent  by  Mr.  Garland, 
Attorney-General  at  Washington,  in  the  President's  name,  ordering  the  vessels  to  be 
released.  Dawson  sai<l  he  had  heanl  of  it  before,  and  that  it  must  have  been,  as  he 
termed  it,  a  "put  up  thing,"  as  nothing  of  the  kind  had  reached  either  himself  or  ihe 
United  States  marshal  at  Sitka. 

The  serious  part  is,  that  our  people,  trusting  to  the  story  of  the  order  for  release, 
have  sent  thirteen  vessels  again  this  year  to  tlic  sealing  grounds— one  has  been  seized 
already,  and  if  the  others  fall  in  the  way  of  the  revenue-cutters  they  will  probably 
be  seized  also.  I  may  ])erha]is  hear  something  more  from  the  admiral  when  he  re- 
turns from  Ala.ska,  and  if  so  I  will  write  to  you  again. 
Yours,  very  truly, 

W.  Ha.mi.ky. 
Hon.  Geo.  E.  Fostkij,  etc. 


[Inclosure  Xo.  7.  | 

Attorney-dcneral  to  Jndge  Dmrxon. 

Wasiiixcitox,  1).  C.  .luHiian/  •,'(">,  1887. 
Judge  Lakayettk  Dawsox  and 
M.  D.  Ball, 

United  States  District  Attorney,  Sitka,  Alaska  : 
I  am  directed  by  the  President  to  instruct  ytui  to  discontinue  any  furtiier  proceed- 
ings in  the  matter  of  the  seizures  of  the  British  vessels  Canilina,  Onward,  and  Thorn- 
ton, and  discharge  all  vessels  now  held  under  such  seizure  and  release  all  persons  that 
may  be  under  arrest  in  connection  theru\>  ith. 

A.  H.  Gaiu.axt), 

Altorney-Cieiieral. 


[Ilicloauro  Xe,  8.] 

,Jud(iv  Dawson  to   United  States  mnrnhul. 
Barton  Atkins, 

United  States  Marshal  for  the  District  of  Alaska  : 
Yon  are  hereby  directed  to  release  the  vessels  Carolina,  Onward,  and  Thornton,  and 
San  Diego,  which  were  seized  in  Behring  Sea  for  violation  of  section  I'JoG.  United 
States  Statutes,  together  with  their  tackle,  apparel,  skins,  guns,  anirannition,  small 
boats,  and  everything  pertaining  to  said  ves-sels.  this  lyth  day  of  February,  1887. 

Lafayette  Dawson, 
District  Judge,  District  of  A  laska. 


186 


SEAL    FISHERIES   IN    BERING    SEA. 


[Incloaure  No.  9.] 

Mvasm.  Drake,  Jackson  if'  Hclmcken  to  minister  of  justice. 

ViCTOKiA,  BurnsH  Coi.imhia, 

September  'A,  1887. 

.Sir:  Wo  have  the  honor  to  inform  you  that  wo  are  in  reocipt  of  a  letter  from  oiir 
Mr.  Drake,  written  from  Sitka,  under  date  28tli  August;,  in  which  he  states  that  a  tele- 
;;ram  was  received  at  Sitka  relative  to  the  schooners  seized  hist  year,  from  the  United 
States  Attorney-Geuoral,  GarLand,  directin<;  their  release  aud  diseharye  of  the  men. 
The  judge  gave  an  order  accordingly,  which  was  afterwards  rescinded  on  the  assnmp- 
tion  that  the  telegram  was  a  forgery.  No  olHcial  letter  t)f  any  sort,  either  confirming 
the  telegram  or  respecting  the  atl'air,  has  been  received  at  Sitka.  The  schooners  now 
seized  and  at  Sitka  are  the  Anna  Beck,  W.  P.  Sayivard,  Dolphin,  and  Grace.  The  At/red 
Adams  was  also  seized.  The  trial  of  the  present  men,  Mr.  Drake  states,  would  not 
take  place  until  after  the  arrival  of  the  revenue-cuttor  Rush;  also  that,  judging  from 
the  past  and  the  views  held  by  the  court,  the  result  would  most  probably  bo  the  same, 
and  urges  that  immediate  steps  should  be  taken  to  prevent  the  imprisonment  of  the 
masters,  and  that  ho  would  obtain  declarations  from  the  masters  duly  certitied  and 
enter  a  protest  at  the  trial. 

The  Rush  was  not  expected  at  Sitka  until  yesterday. 

Regarding  the  seizure  of  the  Alfred  Adams,  we  have  to  state  that  that  schooner  ha» 
.^^rived  here  safely.  The  declarations  of  her  cajitain,  Dyer,  and  his  men  have  been 
duly  taken,  which  her  owners,  Messrs.  Guttman  &  Frank,  of  this  city,  yesterday  handed 
to  Hon.  Mr.  Hamley,  collector  of  customs,  together  with  a  sealed  letter,  which  the 
commander  of  the  Rush  handed  to  Captain  Dyer  to  be  delivered  to  the  district  attorney 
»t  Sitka.  These  papers  no  doubt  Mr.  llandey  has  already  forwarded  to  the  proper 
Department. 

We  have  since  forwarded  a  copy  of  this  information  to  the  right  honorable  Sir 
John  A.  Macdonald,  K.  C  B. 
We  have,  etc., 

Drake,  Jackson  &  Hklmckex. 

Hon.  J.  S.  D.  Thompson, 

Minister  of  Justine,  Ottawa. 


tlncloHure  No.  10.1 

Deputy  minister  of  justice  to  deputy  ministir  of  fisheries. 

Depautment  of  Justice,  Ca.nada, 

Ottawa,  September  12,  1887. 
Sir:  I  have  the  honor  to  inclose  for  your  information  a  copy  of  a  letter  which  ha' 
been  received  by  the  minister  of  Justice  I'niui  Messrs.  Drake,  Jackson  &  Heltnckon,iu 
which  they  rejtort  with  reference  to  the  sealing  ve.s-sels  which  have  been  seized  in  the 
Behring  Sea  by  the  United  States  authorities. 

I  am  to  state  that  the  minister  of  justice  hits  taken  no  action  with  respect  to  this 
communiciition,  but  that  he  isof  the  opinion  that  the  minister  of  marine  aud  tisheries 
should  at  his  earliest  convenience  take  steps  to  coiiimunii  ate  the  s'.ibstanco  thereof  to 
the  colonial  ollice  and  to  the  British  minister  at>  Washington. 
I  have,  etc., 

Geo.  W.  BiRBiDGE, 

1).  M.  J. 
The  Dei'Ity  Ministi:u  ok  Fi.siikries, 

Ottawa. 


'A- 


No.  149. 

Lord  Lansdowne  to  Sir  L.  S.  West. 

Citadel,  Quebec, 

September  26,  1887. 

Sir:  With  i'eforence  to  previous  correspondence  I  have  the  honor  to 
forward  herewith  tor  your  infornnition  a  copy  of  an  approved  minute 
of  the  privy  council  of  Canada,  dated  21st  instant,  covering  copies  of  a 


SEAL    FISHERIES    IN    IJERING   SEA. 


187 


report  of  1113'  minister  of  marine  and  lisberieH  and  other  papers  relatinjf 
to  the  seizure  and  detention  of  the  Canadian  sealinj;  schooner  Alfred 
Adams  and  other  Canadian  vessels  by  the  United  States  .uithoricies  in 
Eehring  Sea. 

The  sealed  letter  addressed  to  the  United  States  district  attorney  and 
United  States  marshal  at  Sitka,  Alaska,  came  into  the  possession  of  my 
government  under  the  circumstances  described  in  the  statutory  decla- 
ration of  Captain  Dyer,  of  the  Alfred  Adams.  I  shall  be  much  obliged 
if  you  will  have  the  goodness  to  cause  the  letter  to  be  forwarded  to  Mr. 
Secretary  Bayard.  1  should  add,  by  way  of  exi)lanation,  that  the  en- 
velope of  the  letter,  which  is  described  by  the  minister  in  his  report  aa 
"sealed  and  unopened,"  appears  to  have  been  worn  through  at  one  end 
during  the  transmission  of  the  papers  by  post. 

Lansdowne. 

Hon.  L.  S.  Sackville  West,  K.  C.  M.  Vr. 


No.  loO. 
Sir  L.  }yest  to  Mr.  Bayard,  September  29,  1887. 
(Omitted  here,  being  printed  supra,  No.  18.) 


No.  151, 


Sir  n.  Holland  to  Lord  Lansdoirnc. 

DowNiNO  Street, 

September  21),  1887. 

My  Lord:  I  communicated  on  27th  instant  to  the  secretary  of  state 
for  foreign  affairs  copies  of  your  lordship's  dispatches  Nos.325  atul  338, 
of  the  lUth  and  27th  of  August,  nv^-pectively,  relating  to  the  seizure  in 
Behring  Sea  by  a  United  States  revenue  (-utter  of  the  British  Colum- 
bian vessels  Grace,  Dolphin,  and  W.  I*.  Sayward. 

I  now  have  the  honor  to  transmit  to  you  for  the  information  of  your 
ministers  a  copy  of  a  letter  from  the  foreign  office,  inclosing  a  copy  of 
•A  dispatch  which  the  Marquis  of  Salisbury  has  addressed  ui)on  this  sub- 
ject to  Her  Majesty's  minister  at  Washington. 
1  have,  etc., 

H.  T.  Holland. 

Gov.  Gen.  the  most  Hon.  the  Marquis  of  Lansdowne, 

G.  C.  M.  G.,  etc. 


IIiicloBure  No.  1.1 

ForeUjH  office  to  colonial  office. 

FoRKiGX  Offick,  Sepiembcr  27,  1887. 
Sir:  I  laid  before  the  MarquiH  of  Salisbury  your  letter  of  the  15th  instant,  incloa- 
ing  dispatches  and  other  papers,  received  from  the  government  of  Canada,  relative  to 
the  seizure  in  Behring   Sea  by  the  United  States  revenue-cutter  Richard  Rush  of  the 
British  Columbian  vessels  the  Grace,  the  Dolphin,  and  the  fV.  P.  Sayward. 


188 


SEAL   FISHKRIES    IN    BERINCi    SEA. 


Lord  Salisbury  lias  iiiHtnioted  Her  Majesty's  minister  at  Washington  to  make  repre- 
sentations to  tlie  United  States  Government  in  ref;ard  to  tliese  cases,  in  connection 
with  those  of  the  Carolina,  Omrard,  and  Thornton  ;  and  his  lordship  has  directed  Sir 
L.  West  io  call  attention  to  the  fact  that  in  the  cisoof  the  fV,  P.  iSa^/ifard,  according 
to  her  mate's  deposition,  no  seals  were  taken  h"  her  crew  in  Hehring  Sea,  as  is  alleged 
in  the  libel  of  information  filed  in  the  United  States  district  court. 

I  inclose  a  copy  of  the  dispatch  addressed   to  Sir  L.  West  for  the  information  of 
Secretary  Sir  H.  Holland. 
I  have,  etc., 

W.   P.   CUKRIK. 

The  Undkk  Skckktary  ok  Statk, 

Colonial  OJJice. 


•^      "• 


*  ■■♦ . 


mt ' 


flnclosnre   No.  2.] 
Lord  SaUnhiiry  1o  Sir  L.  S.    Jf'enl. 

FORKIGN  OkI'MCK,  September  27,  1887. 

Sir:  I  transmit  to  yon  herewith  copies  of  two  dispatches,  No.  '.Vi'y,  ll>th,  and 
No.  3;{8,  ii7th  ultimo,  addressed  to  Her  Majesty's  secretary  of  state  for  the  colo- 
nies by  the  governor->;eneral  of  Canada,  iorwarding  j)apers  relative  to  the  seizure  in 
Behring  Sea  by  the  United  States  revenue-cutter  L'ithard  Hush  o{  three  British  Co- 
lumbian vessels,  the  Grace,  the  Dolphin,  and  tlie  W,  /'.  Sanuard. 

I  have  to  request  that  you  will  make  a  representation  to  the  United  States  Govern- 
ment on  the  subject  of  the  seizure  and  detention  of  these  vessels,  in  connection  with 
the  representations  which  1  instructed  you  to  make  in  the  cases  of  the  Onward,  the 
Carolina,  and  the  Thornton,  and  that  you  w  ill  reserve  all  rights  to  compensation  on 
behalf  of  the  owners  an<l  crew. 

Yon  should  jioiiit  out  to  Mr.  Bayard  that  in  the  case  of  the  W.  P.  Sayuard,  accord- 
ing to  the  deposition  of  her  mate,  no  seals  had  btsen  taken  by  her  crew  in  Behring 
Sea,  as  is  alleged  in  the  libel  of  information  tiled  on  behalf  of  the  United  States  dis- 
trict attorney  in  the  district  court  of  Alaska. 


I  am,  etc., 


Sali.sbtjry. 


Hon.  Sir  L.  S.  Wkst,  K.  C.  M.  G.,  etc. 


No.  152. 


Sir  II.  Holland  to  Lord  Lansdowne. 

DoAVNiNG  Street,  September  29,  1887. 

My  Lord  :  I  liave  tlio  honor  to  acquaint  you  tli.at  I  duly  communi- 
cated to  the  secretary  of  state  for  foreign  afliairs  your  telegraphic  mes- 
sage of  the  23d  instant,  reporting  that  the  vessels  seized  in  Behring 
Sea  last  year  were  still  detained  by  the  United  States  authorities. 

I  have  now  to  transmit  to  you  for  communication  to  your  ministers  a 
copy  of  a  dispatch  which  Lord  Salisbury  has  addressed  to  Her  Majesty's 
minister  at  Washington,  dated  27th  instant,  directing:  him  to  inquire 
the  reason  why  these  vessels  have  not  been  released. 
I  have,  etc., 

H.  T.  Holland. 

Gov.  Gen.  the  most  Hon.  the  Marquis  of  Lansdowne,  etc. 


:?' 


SEAL    FISHERIES    IN    I.ERING    SEA. 


189 


(IncloHuru  Xo.  1.) 

Lord  Saliahnrtf  to  Sir  L.    IVvnt. 

FoKKKiN  Okkick,  Siplrmher'27,  1887. 
SiK :  I  traiiHiiiit  to  jou,  for  your  iiifonimtion,  a  co|),v  of  a  letter  from  tlio  colonial 
office,  dated  24tli  iiiHtunt,  iiiclosinij  a  tele^^r.iin  from  the  ••ovenior-jjeiu'riil  of  Caniulu, 
from  wlii(^h  it  apjiears  that  the  Hritisli  Hcliooners  Carolina,  Oniiuird,  and  Thornton,  re- 
ferred to  in  your  dispatch  No.  'M  of  the  4tii  I'^chrnary  last,  have  not  yet  heeii  releused. 
In  his  note  of  tlm  :{d  February,  incloMed  in  your  ahove-mentioned  dispatch,  Mr. 
Bayard  stated  that  "orders  have  l)een  issued,  l»y  the  rreHi<lent's  direcition,  for  the  dis- 
continuance of  all  i)endin<j;  i»roceedinjjs,  the  dis(diarj;e  of  the  vessels  referred  to,  and 
the  release  of  all  i)ersons  under  arrest  in  (ionnection  therewith." 

Her  Majesty's  Government  re<j;rct  to  learn  that  delay  has  taken  ])lai!<!  in  the  roleaso 
of  the  three  vessels,  and  I  have  to  instruct  yon  to  incinire  the  reason  why  the  direc- 
tions of  the  President,  as  al>ove  (jiioted,  have  not  been  canied  out. 
I  am,  etc., 

.Saij.sbuky. 


|Iiirlo8iire  No.  U.  | 
Colonial  office  to  foreign  office. 

Dow.NlNCf  Stkkkt,  Svptemher  24,  1887. 

Sill:  With  reference  to  your  letter  of  the  I'iih  Aujjnst  last,  and  to  recent  corre- 
spondence, I  am  directed  by  Secretary,  Sir  Henry  Holland,  to  transmit  to  yon,  for 
such  action  upon  it  astlie  Mar<iuis  of  Salisbury  may  think  proper  to  take,  a  telej^ram 
received  this  day  from  the  novernor-yeneral  of  Canada  relating  to  the  (|uestion  of 
the  release  of  the  liritish  Columbia  sealiny  vessels  seized  by  the  United  States  author- 
ities in  Behrinj;;  Sea. 

This  telegram  ai)pear8  to  relate  to  *lte-voeHel8^*eized  last  year. 

I  am  to  request  to  be  informed  of  any  comnnmication  which  maybe  made  to  the 
United  States  Government  in  order  that  a  reply  may  be  sent  to  the  governor-general. 
I  am,  etc., 

John  Bkamston. 


No.  153. 


Sir  H.  Holland  to  Lord  Lansdowne. 

Downing  Street,  October  8, 1887. 
My  Lord  :  I  have  the  honor  to  transmit  to  j'ou  for  the  information 
of  your  Government,  with  reference  to  previous  correspondence,  a  copy 
of  a  dispatch  from  Her  Majesty's  minister  at  Washington,  dated  the  22d 
ultimo,  on  the  subject  of  iiehringSea  seizures  and  to  the  question  of 
bringing  before  the  Fisheries  Commission  the  Alaska  seal  fishery  ques- 
tion. 

I  have,  etc., 

John  Bramston, 
For  the  Secretary  of  Slate. 


■* .  ? , 


lliiclusiire.] 
Sir  L.   fVest  to  the  ilarquia  of  Salisbury. 

British  Lkoation, 

Washington,  September  23,  1887. 

My  Lord:  I  have  the  honor  to  acknowledge  the  receipt  of  your  lordship's  dispatch 
No.  219,  of  the  10th  instant,  and  to  inform  your  lordship  that  I  communicated  it  this 
day  to  the  Secretary  of  State  and  at  his  request  left  a  copy  of  it  in  bis  hands. 
I  have,  etc., 

L,  8.  Wkst. 

The  Marquis  of  Sausbury,  K.  G.,  etc. 


'f'\ 


190 


SKAL    liSHKKMKS    IN    MERINO    SKA. 


I'   > 


No.  81.1 


No.  154. 

Sir  L.  S.  West  to  Lord  LanHiloicne. 


AVashinoton,  October  14,  1887. 
My  Lord:  With  reference  to  my  lelejjrain  of  this  day's  date  I  have 
the  honor  to  iiich)8e  to  your  excolkMicy  copy  of  a  note  whicli  I  have  re- 
oeived  from  the  Secretary  of  State  exprensiiij;  regret  tiiat  the  miscon- 
ception which  has  arisen  of  the  intentions  and  orders  of  the  President 
for  the  release  of  the  Jiritish  schooners  Onward^  Carolina,  and  Thornton 
shouhl  have  dehiyed  their  prompt  execution  and  stating  that  renewed 
orders  have  been  forwarde«i. 
1  have,  etc., 

L.  S.  Sackville  West. 

His  Excellency  the  Marquis  of  Lansdowne,  G.  C.  M.  G.,  etc. 


,  [Inclosure.l 

Mr.  Bmjard  to  Sir  L.  S.   Went,  October  V,i,  1S87. 
(Omitted  liere,  being  printed  aiipra,  No.  25.) 


No.  155. 

Sir  Henry  Holland  to  Lord  Lanfidowne. 

No.  356.]  Downing  Street,  October  20,  1887. 

My  Lord  :  I  am  directed  by  the  secretary  of  state  to  transmit  to  you 
for  communication  to  your  ministers  the  documents  specitied  in  the  an- 
nexed schedule. 

I  have,  etc., 

H.  Holland. 

The  Officer  administering  the  CJovernment  of  Canada. 


[Inclosure  No.  1.] 
The  admhalty  to  the  colonial  office. 

Admiralty,  October  4,  1887. 

Sir  :  I  am  commanded  by  tbo  lords  commissioners  of  the  admiralty  to  transmit  for 
the  information  of  the  secretary  of  state  for  the  colonies  copy  of  a  letter  from  the 
commander-in-chief  on  the  Pacific  Statinn,  dated  September  14,  No.  158,  inclosing  a 
list  of  the  schooners  that  have  been  sealing,  extracted  from  the  Victoria  Colonist 
newspaper  dated  September  13. 
A  sin  ilar  letter  has  been  sent  to  the  foreign  office. 
I  am,  etc., 

Evan  MacGrkook. 

The  Under  Skcretary  of  Statk, 

Colonial  Office. 


SEAL    FISHKRIES    IN    BKKING    SEA. 


101 


IIni'lot<ur<>  Xo.  2. 1 


lienr-.ldiuiral  Siiiinnur  to  the  Ht'crelai'n  of  the  ailmirallji — Sriziirc  of  HinUmj  n'lioniin-'i. 


187. 

have 
^'e  re- 
iscou- 
iideiit 
rnton 
ewed 


;ST. 


T 

Siu  :  TIm'  Kcalin^  hcuhoii  ln'inj(  now 
scliooiicrH  that  liavc  1i«'«mi  Ni'a1in;r,  cut 
It,  iH  lutt  yet  kiunvM  wliftlmr  the  tivt;  v 
tlicy  are  ovei'dim  hi'n*. 

\Vith  rc^jard  to  tlm  Hchooiicr  Alfred 
l)y  the  Ainericaii   i<'vcmi<i  criiiMm'  in 
out,  aH  woll  as  her  arms,  and  h\w  was 
bbanl,  the  captain  hmuglit  his  vchscI 

No  orders  whatever  have  ever  been 
schoonerH  Heized  hist  yi'ur,  which  are 
worm-eaten  and  worth h'SH. 
I  have,  etc., 


iMCMni,  AT  KsiiiiMAi.r,  Si'ptt'mhvr  1  I,  1HS7. 

ov<'r,  I  liave  the  iionor  to  inchiNt*  a  list  of  tlio 
from  tlie  \'i('t(>ria  Colonist  of  yesterday's  (hit(\ 
essels  "  to  arrive  "  liave  been  seized  or  not,  hut 

.tdnmx,  I  am  credibly  informed  she  was  boarded 
Uelninjj  Sea,  her  skiiiM,  1, ;'>(»()  in  number,  taken 
told  to  proceiMl  to  Sitka.  No  one  bein^  putun 
down  hem. 

received  here  with  rej^ard  to  the  release  of  the 
now,  I  believe,   high  uud  dry  at  Ouualaska, 


M.  Calme  Skymouk, 
Rear- Admiral  and  Coniniinukr-in-Chiff, 


(IncloHiirii  No.  3.] 

The  teal  catch, — Liitl  of  vesaeh  arrived  ir'.lii  their  total  catch — SchoonerH  ■•<ci;etl. 

[From  the  Dnily  Colonist,  Victoria,  liritisli  <^)liiiiibiii,  of  Tiiesduy,  13tli  Septern'oer,  1887.1 

The  followinfi;  is  tl;e  list  of  sealinjj  schooners  whidi  have  arrived  in  port,  with  their 
northern  catches  ;  also  those  to  arrive  aiul  those  seized.  Tlie  coast  catch  by  Indians 
and  the  spring  catcJi  by  American  sealers  disposed  of  in  Victoria  are  also  appended  : 

VESSELS  ARRIVED. 


87. 

f)  you 
e  aii- 


SB. 


Name. 


Patlifliider 

J'cilt'loim, 

Maiy  Ellon 

Lottie  Kaiiticld  . 
M.iry  Taylor  .. . 
Moniitiiu  Chief. 
]Ua<;k  Uiaiiioml. 
Adela 


Sprinp 
catch. 


400 
1,000 
367 
400 
2(10 
400 


iOi 


Noithtnn 
latch. 

Total. 

2,377 

2,817 

1,500 

2,500 

2,  OHO 

2,457 

2,000 

3,  000 

800 

1,  000 

6h7 

1,087 

064 

1,360 

1,51 

VESSELS  TO  ARRIVE. 


887. 

lit  for 
m  the 

sing  a 
lonist 


lOK. 


Ada 

349 

1,030 

Kate 



F.ivorite 

Theresa 

307 
21 

Triumph 

VESSELS  SEIZED. 


Dolphin . 
Orace. 


Anna  Beck 

"W.  P.  Sayward. 
A  Ifred  A  dams  . 


1,500 


■! 


192 


SKAfi    FISIIKKIKS    IN    BKRIN(}    SKA. 


Till'  iiiiiiiltcr  of  sciiIh  (;uii}{ht  l*,v  AiihtIcuii  hcIiouiicih  uikI  miiUI  in   this  city  is  uh 
riilloNVM: 


N'nmn. 


Number 
!  ofMnU. 


n.lfM  HImii 4!m 

Svlviii  IIiuiiIn Kill 

Sail  JoHc lit" 


Xnmn. 


City  of  Sun  Diix't 

VnntlifMlt 

Di.iioM'iv 


Number 
of  Mfuls. 


200 

an 

230 


Tlie  Nfiili  Miiy  Hclionncr  Lottiih  iiorthiMii  catch  was  dispose*!  of  the  otiier  day  and 
aiiioiinti'd  lo  7IIU  skins, 

Tiiis  iiiiil«'s  the  to'.al  (-at*!!!,  as  far  as  could  ho  jrh'anod  ycsti-rday,  19,01(5  skins  by 
British  vessels  and  *i,r)IV.>  skins  disposed  of  hy  Anienean  schooners. 

Tlie  catch  oil'  the  west  coast  iiy  I  lie  Indians  and  sold  to  store-keepers  was  500. 

The  total  nninherof  skins  lirouj^ht  into  port  tor  this  scascn  will  represtMit  in  dollars, 
at  ;$(!.5(l  per  skin,  the  handsonio  sum  ot°.'^nu,:tO'.i.oi). 


No.  151]. 


Lord  LunmJoicne  to  Sir  H.  Holland. 

No.  408.]  OcTonEK  20,  1887. 

Sill :  With  rcforeiice  to  prcvinus  correspoiidcnco  upon  the  subject  of 
the  seizure  of  British  seuliii};  vessels  in  Behiing  San,  I  liave  the  honor 
to  foiward,  for  your  informal  ion,  a  clipping;  from  the  Toronto  Mail  of 
tlte  17th  instant,  publishing'  iti  frill  the  Canadian  brief  prepared  l>y  Mr. 
Drake,  Q.  C,  and  tile<l  in  the  Alaska  courts  on  behalf  of  the  officers  of 
the  British  sealers  seizerl  in  Behrinjjf  iSea. 

I  also  inclose  for  your  information  a  clipping  from  the  New  York 
Herald  of  the  13th  instant,  {giving  the  United  States  brief  tiled  in  the 
district  court  at  Sitka  by  j\lr.  A.  K.  Delaney,  as  counsel  for  the  United 
States  Government. 
1  havC;  etc., 

Lansdownk. 

The  liight  Hon.  Sir  IIknmv  Holland,  Bart.,  etc. 


[Inclotiure  Nd.   l.J 
HKIIRIXO    SKA.— Mlf.   1»KAKi;'S    MASTKRLY   AN.SWKR   TO   AMKKICAN   PRETENSIONS. 

[Extract  from  Toronto  M»il.] 

The  Jiuasian  elaiin  diHcunsed — Ponition  asaume'i  &.»/  the   Slates  untenable — Going  hei/ond 
the  recoynized  law  of  nations — The  seizures  euiirelil  illeyal. 

[Fnim  our  own  correspondent.] 

Ottawa,  October  ItJ. 

Hitherto  only  a  hrief  resnm6  of  Mr.  Drake's  brief  in  the  Alaska  courts  has  been 
published.  As  the  United  States  press  has  r<;cently  been  making  a  great  parade  over 
the  American  Government's  case,  it  may  not  be  out  of  place  to  give  in  full  the  brief 
prepared  by  Mr.  Drake  himself,  and  tiled  on  behalf  of  the  ottlcera  of  the  British 
(.ealers  in  Behring  8ea. 


ill 


RKAF.    I'lSIlKUlKS    IX    IlKRINO    SEA. 


193 


TICK    llltlKI- 


300 
«17 

^50 


[Uiiiti'il  Stati-H  uoiii't,  (lUlrii't  ol'  AluMkii.     'Mn'   t'liilt-il  SlatcH,   |>litiatill',  m,  J.  I).  N^ari 

Itili-y,  (l)>l'('iiilaiitM  I 


.IJ.  C. 


Ill  i<'f  in  Hiipporf,  of  tlic  (It'liinrrcr,  lilcil   herein  tlit^  HOfli  Aii,<;n><t,  H-*7,  on  liclmlf  of 
tlio  niiister.s  ami  "wnei's  of  the  Itritish  sd'oonei's  .(//»(<»  Ilirh,  Jhilphhi,  (irii<r,iiud  fV.  P. 


Sni/irard,  seized  l)y  the  United  States  cutter  lor  an  aile;:ed  inliaetion  of  an  act  of  tin* 
Uniteil  StateH  (.'oii^ress,  No.  I'iH,  heinj^  an  act  to  prevent  the  extermination  of  fur- 
bearinjj  animals  in  Alaska.  The  net,  is  «lireet<'d  a;;ainst  hilliii;;  seals  in  the  waters 
adjivrent  to  the  Islands  of  St.  I'anl  and  St,  (ieor;;e,  and  does  not  refer  to  any  other 
waters  in  Hehrin;?  S<*a ;  hnt  on  referriii;;  to  section  H>,')(i  of  the  Revised  Statutes,  the 
laiijfuajie  used  is  somewhat  ditlerent,  ]irohihitinji;  tim  killin;^  of  fnr-ltearint;  animals 
within  the  limitsOf  Alaska  Ti'iritory  or  the  waters  thereof.  The  tirst  (inestiini  thou 
to  he  decided  is  what  is  meant  by  the  waters  thereof.  If  the  defendants  are  hound 
hy  tho  treaty  between  lh(«  United  States  ,ind  Ivussia  (ledin;;  Alaska  to  the  United 
States,  then  it  appears  that  Russia  in  IHi'J  claiuie<l  ahsoluti^  territorial  sovercd^^uty 
over  the  liehrinj:  Sea,  and  ]turported  toeonvi^y  priicticilly  one-half  of  that  sea  to  the 
United  States.  IJnt  are  tho  defendants,  as  nu'U  belou;;inj;  to  a  country  on  friendly 
terms  with  the  United  States,  bound  by  thisiissertion  of  liussia  f  And  i-an  the  United 
States  claim  that  tho  treaty  conveys  to  them  any  ;;reatcr  ri;;ht  than  liussia  Iwrstdf 
possessed  in  these  waters?  In  other  words,  the  meni assertion  ot'  a  rij^lit  contrary  to 
tho  comity  of  nations  can  confer  on  the  j^rautees  no  rights  in  excess  of  those  rccoi^- 
nizod  by  the  laws  of  nations.  In  in(|uirin;j  what  that  ri^ht  was  iind  how  far  it  wafj 
Hubmitted  to  l)y  tlu!  other  powers  interestiid,  namely,  fireat  Ibitain  and  the  United 
States,  we  Iind  the  United  Slates  minister  at  St.  retcrsburi;  .n  1422,  iroiubattiu^  tho 
])retensions  of  Russia  to  a  jurisdiction  over  the  waters  ci'  ]'..'hrin'4  Sea  for  a  distanco 
of  100  ndles  1^'om  the  coast  ^for  this  was  Ihe  extent  of  Ru.  •:  's  claim  in  IH-j'J)  in  the 
followinj;  exjtressive  lanj^uajje:  "  Tin*  existences  of  teiritoi  I  .1  ri;;hrM  to  the  distiiuco 
of  lOll  miles  from  the  coast  and  the  )iroiiibitiou  of  iipjn'o;' ■lun;;  to  the  same  distance 
from  these  coasts  and  from  those  id'iill  interveiiinu;  is'  ulsar^'  innovatioiiH  on  the  law 
of  nations  and  measures  nnexamj)le(l." 

Wo  thus  tind  that  the  assumption  of  a  limited  soverei;  ity  over  the  waters  of 
Alaska  was  >  iiallen;;ed  by  the  United  States,  avd  in  conseti'ience  was  not  persisted 
in,  and  <wi  ,  he  17th  April,  1S24,  a  ("iiventiou  w.'is  con  hiueil  In'tween  the  United 
States  and  Russia,  whei'cby  it  wiis  aij:ree<l,  "that  in  any  part  of  the  <;reat  ocean 
^'  'i.innmly  called  thel'acilic  Ot^ean,  or  South  Sea,  the  resp.'ctive,  (titi/ens.  sultjects  of 
tho  hii^h  contracting  powers,  should  lie  neither  distnrhed  nor  le.Ntraini'd  either  in  nav- 
igation nor  in  tishinji,  or  in  tho  jiower  of  resorting  to  the  coasts  upon  jcints  which 
might  not  then  already  have  been  occupied  for  tho  jnirposo  of  tniding  with  tho  na- 
tives, saving  always  the  restrictions  and  conditions  ccMitained  in  certain  articles  at- 
tached to  the  treaty  referiing  to  illicit  trade  with  the  Indians." 


TIIK   KL'SSO  nUITISIl   TUKATY. 


16. 

bBen 
e  over 

brief 
tritinh 


The  (iovernnient  of  Gi'cat  Hritain,  on  tho  28th  February,  IrfJ"),  also  entered  into 
a  treaty  with  Russia  in  conseiiuence  of  the  same  extravagant  pn^tensions  of  Russia, 
which  treaty  conlains  the  following  i);'ovisions:  "It  is  agrcinl  that  the  nispective 
snbje(;ts  of  tlie  high  contracting  ])arties  shall  not  bo  trouhhul  or  molested  in  any  ])art 
of  the  ocean  conimouly  called  the  I'acitic  Ocean,  (jither  lii  navigating  the  same  or 
fishing  therein,  or  iu  lauding  at  such  parts  of  tho  coast  as  shall  not  have  been  already 
occupied  in  order  to  trade  with  the  nativt^s  under  the  conditions  and  restrictions 
specilied  in  the  then  following  articles."  These  restrictions  are  not  dissimilar  from 
those  attached  to  the  treaty  with  the  United  Statics.  In  order  to  ascertain  what 
were  the  pretensions  of  Russia  which  led  to  these  treaties  it  is  necessary  to  refer  to 
tho  edict  of  the  autocrat  of  all  tho  Russias.  By  .section  1  it  is  enacted:  "That 
the  jinrsnitsof  commerce,  whaling  and  lishing,  and  all  other  inlustries  on  all  islan<ls, 
ports,  and  gulfs,  inclndiiig  tin?  whole  of  the  northwest  coast  of  America,  beginning 
from  Behring  Straits  to  51^  of  north  latitnd*;;  also  from  tho  Aleutian  Islands  to  the 
eastern  coast  of  Siberia,  as  well  as  along  tho  Knrile  Islands  from  Behring  Straits  to 
the  south  cajie  of  the  island  of  Briick,  namely,  45°  oO'  northern  latitude,  is  exclusively 
granted  to  Russian  subjects.  Section  2.  It  is  therefore  prohibitiMl  to  all  foreign 
vessels  not  only  to  land  on  the  coasts  and  islands  belonging  to  Russia,  but  also  to  ap- 
proach them  within  less  than  100  Italian  miles.  Tho  transgressor's  vessel  is  subject 
to  conliscation  along  with  the  whole  cargo." 

kussia's  claim. 

Thus  it  appears  that  Russia  claimed  100  miles  from  the  coasts  of  all  tho  islands,  as 
well  as  the  mainland  of  Beluiug  Sea,  and  south  to  45^  50'.    It  was  this  claim  that 

S.  Ex.  106 13 


ii^l 


194 


SEAL    FISHERIES   IX    BERING   SEA. 


»■   ,. 


J:.>t 


led  to  the  indiyiiiint  renioiistranco  of  tlio  United  States  and  Great  Britain,  and  to  the 
treaties  before  referred  to,  and  shows  tliat  Beliring  Sea  was  included  lu  the  tern» 
"  I'acilic  Ocean."  Tlie  i)retensions  of  Russia  were  lu.ner  revived,  and  the  citizens  of 
Great  Britain  as  wtdl  as  tlie  United  States  had  free  a(;eess  at  all  times  to  these  waters 
ill  navij^atinj;  and  (isliiuff  without  any  restriction.  And  Russia's  claim  was  never  re- 
vived until  she  ])urp()rted  to  cedii  to  the  United  States  a  portion  of  Behring  Sea. 
Russia  could  not  s(dl  what  she  did  not  own,  aiul  The  United  States  could  not  claim 
that  wjiich  it  was  not  in  the  jiower  of  Russia  to  sell.  The  Treaty  with  Enpjland  has 
never  been  .abrogated,  and  v.:ts  in  force  when  the  cession  to  the  United  STates  took 
place,  and  there  was  no  uecU  ioiirot«'st  against,  the  extravagant  i)reteiisious  of  Russia 
in  i)uri>orting  to  disjiose  of  the  liigh  seas,  as  until  last.  y<'ar  no  attempt  has  been  made 
to  enforce  such  a  claim.  The  United  States  ha  vt^  always  been  the  strongest  upholders 
of  the  law  of  nations,  and  on  this  head  Kent's  (lounnentaries,  page  :2ri  :  "The  open 
sea  is  not  capabh^  of  being  possessed  as  juivate  property  ;  the  free  use  of  tlu)  ocean 
for  uavigatiou.and  li.vhing  is  connuon  to  all  numkind,  and  the  public  Jurists  generall.v 
and  exjdicitly  deny  that  the  nuiin  ocean  can  ever  be  appropriated."  lie  also  refers 
to  the  claim  of  Russia,  and  in  another  place  he  states  that  "the  United  States  have 
recogui/cd  the  limitation  of  a  marl m*  league  for  general  territorial  jurisdititiou  by 
authorizing  the  disTrictt  courTs  to  take  cognizance  of  all  captures  uuule  within  a 
marine  leagues  of  tin?  American  shore."  Set?  act  of  Congress,  June,  5,  17'M.  And  in 
Wharton's  International  Uaw  Digest,  jtage  ;!'^,  the  author  says  :  "  The  limit  of  one  sea 
league  from  short;  i:?  j)rovi.iionally  adopted  as  that  of  the  territorial  sea  of  the  United 
States,"  and  "our  jurisdiction  has  been  (ixed  toextenil  Three  geographical  miles  froni 
our  shore,  with  the  exce|itioii  of  any  waters  or  bays  which  are  so  land-locked  as  to  be 
unquestionably  within  I  lie.  jurisdiction  of  the  United  States,  be  their  extent  what 
they  nwiy." 

Bohring  Sea  is  not  a  gulf  or  bay,  and  is  not  land-locked  by  the  lands  of  the  United 
States.  Wharton  again  states  thai  "a  vessel  on  the  high  seas  beyond  the  distance 
of  a  marine  league  from  tlu!  shore  is  regarded  as  ]iart  of  the  territory  of  tins  nation  to 
wliich  she  belongs."  And  Mr.  Seward,  in  a  letter  to  Mi'.  Tassara,  Dcicemlier  l(i,  186:2, 
tersely  stales  the  priiicijde  as  follows  :  "TheTc  art?  two  principles  liearingon  the  sul)- 
ject  which  are  universally  admitted:  (1)  that  the  sea  is  ojieu  to  all  nations,  and  {'2) 
that  there  is  a  portion  of  tl:e  sea  adjacent  to  every  nation  over  which  the  sovereignty 
of  that  nation  extends  to  tiie  exclusion  of  every  other  ptditical  authority." 

A  third  principle  bearing  on  the  subject  is  that  the  exclusive  sovereignty  of  a  nation 
abridging  the  universal  liberty  of  the  seas  i^xtends  no  further  than  the  powtu-  of  the 
nation  to  maintain  it  by  force  stationed  on  the  coast  extends.  "7V>'/y(;  dominiiiiit 
Jiiiitur  uhijiiiilur  annariini  vis"  (the  sovereignty  of  the  coast  ends  where  the  power  to 
control  it  by  lorce  of  arms  terminates).  It  thus  ai)pears  that  by  the  comity  of  na- 
tions, sanctioned  and  approved  by  American  jurists,  that  the  high  seas  are  open  to 
all ;  that  the  territorial  authority  only  exttMuls  to  a  marine  league  or,  at  all  events, 
not  further  than  a  force  on  shore  can  )irot(?ct  the  coasts. 

It  also  appears  that  the  United  States  in  claiming  sovereignty  over  the  Behring 
Sea  is  claimir-;  something  beyond  the  well-recognizeil  law  of  nations,  and  baizes  her 
claim  upon  the,  prettmsions  of  Russia,  which  \vcre  successfully  re|»ndiated  by  both 
Ciicat  Britain  and  the  United  States.  A  treaty  is  valid  and  biiidiiii;  between  the 
parties  to  it,  but  it  cannot  atb^ct  others  who  are  not  ]»arties  to  it.  It  is  an  agree- 
ment lietweeu  nations,  and  would  be  construed  in  law  like  an  agreement  l)etweeu  in- 
dividuals.    Great  Britain  was  no  party  to  it  ami  thenifore  is  not  bound  liy  its  terms. 

It  is  therefore  contended  that  the  proceedings  taken  against  the  present  defendants 
are  ultra  vires  ami  without  jurisdiction.  Ibit,  in  order  to  press  tlie  matter  further, 
it  may  be  necessary  to  discuss  the  act  itself  under  which  the  alleged  jiiiisdiction  is  as- 
sumed. The  act  ninst  be  construed  by  what  ajipears  within  its  four  corners  and  not 
bv  any  ext  rinsic  docuu'.ent.  It  is  an  act  delining  a  criminal  oft'ense,  and  an  act  which 
ai>ri(lges  the  jirivilegesaiid  inimmiities  olc  itizensmust  be  moststrictly  construed  ;  ami 
nothing  but  the  cli'aresl  expression  can  or  ought  to  be  construed  against  the  interest 
of  the  public  in  ajiplyiiig  this  principle  to  the  present  case.  The  tt;rms  used  in  the 
act  itself  are  "  the  waters  adjacent  to  the  islands  of  St.  (Jeorge  and  St.  Paul."  "Ad- 
jacent," in  AVharton,  p.'ige  f4<i,  is  held  to  he  adjacent  to  the  coast  and  within  the  ter- 
litorial  jurisdiction  of  the  country.  This  language,  then,  does  not  apjily  to  these 
defendants  who  are  fifty  miles  from  the  nearest  coast.  In  section  I'jr.ti  the  huiguago 
is  "  the  waters  of  Alaska."  This  must  also  be  ctuistriied  by  the  universal  law  as  ap- 
plying to  the  territorial  limit  only.  And  in  a  letter  from  Mr.  Evarts  to  Mr.  Foster,  in 
April,  1879,  referring  to  a  case  in  which  certain  American  nierchaut  vessels  were  seized 
by  the  Mexican  ant  liorities  for  an  alleged  breach  of  the  revenue  laws,  although  dis- 
tant more  than  three  miles  from  shore  it  was  litdd  to  be  an  international  otfense,  ami 
was  not  cured  by  a  decree  in  favor  of  the  assailants  by  a  Mexican  court.  So  htsre  it 
i«  subuntted  that  a  decree  of  your  honor's  court  will  not  give  any  validity  to  the 
seiiiirea  here  made,  and  the  defendants  in  filing  their  demurrer  and  Hubmitting  this 
argument  do  not  thereby  waive  their  rights  or  submit  to  the  jurisitictiun  of  the  court.. 


SEAL    FISHERIES   IN    BERING    SEA. 


195 


No.  157. 
Lord  Lanndoicne  to  Sir  H.  Holland. 

Xo.  409.]  Ottawa,  October  20,  18S7. 

Sir:  X  have  tlie  honor  to  transmit  to  you  a  copy  of  an  approved  re- 
port of  a  coinniittee  of  the  privy  council,  to  which  is  appended  a  copy 
of  a  dispatcli  from  his  honor  the  lieuteuaut-ftovernor  of  British  Colum- 
bia, covering  a  minute  of  his  executive  council,  dated  15th  instant,  set- 
ting forth  the  value  to  British  Columbia  of  the  present  sealing  industry 
in  Behring  Sea. 

You  will  observe  that  the  executive  council  of  British  Columbia  con- 
sider that  the  rights  of  British  subjects,  as  regards  the  Behring  Sea, 
should  be  included  in  the  scope  of  the  duties  of  the  international  fish- 
eries commission. 
1  have,  etc., 

LA^'SDOWNE. 

The  Eight  Hon.  Sir  U.  Holland,  Bart.,  etc. 


Certified  copy  oj 


[Iiiclosuro  Xo.  1.1 

'!>!)  of  report  of  a  commlltee  of  the  honorable  theprirtj  coitiivU,  npjtioved  by  his 
cvcellency  the  (jovernor-general  in,  council  on  the  lotli  October,  ISbT. 

Tbo  comuiittee  of  the  privy  council  Lave  had  under  consideration  a  despatch, 
dated  15th  September,  1887,  from  the  lientenant-jjovernor  of  British  Columbia,  en- 
closinjj  copy  of  a  minute  of  his  executive  council  ou  the  8ul)ject  of  tlie  seizure  of 
Uritish  sealint;  vessels  in  liehring  Sea,  and  pointing  out  the  threateued  destruction 
of  au  important  and  growiuj;  industry  \A  Britisli  Columbia,  by  a  repetition  of  oiU- 
raf^es  on  the  part  of  United  States  cruisers.  , 

The  minister  of  marine  and  fisheries,  to  whom  the  despatch  and  enclosures  were 
referred,  recommends  that  tlie  Government  of  ^British  Columbia  bo  informed  tbat 
no  opportunity  has  been  neglected  ou  the  part  of  the  Dominion  Government  of 
bringing  to  the  attention  of  the  Government  of  Her  Majesty  the  unlawful  seizure  of 
Canadian  vessels  in  Behring  Sea,  and  requesting  that  a  speedy  and  satisfactory  settle- 
ment of  the  losses  sustained  be  urged  u[)on  the  lJnit(Ml  Sta't-s  Government,  and  that 
the  representations  made  by  the  Government  of  Britisli  Columbia  have  been  for- 
warded to  Her  Majesty's  Government. 

The  committee  advise  that  the  secretary  of  state  be  authorized  to  tninsmit  ii  copy 
of  this  minute  to  the  lieutenant-.'overnor  of  Britisli  Columbia  for  tlio  informatiou 
of  his  government. 

All  which  is  respectfully  submitted  for  your  excellency's  ap)>rov;il. 

Jdiix  J.  JIcGrn:, 
Clerk  I'ricy  Council. 


[Inelosmo  X^o.  2.1 

^1  J.t'Jir  of  the  liculcnunt-fiovcrnor  of  liritinh  Colnmbia. 

Hakkison  Hot  Spiungs,  Bkiti.sii  Commbia, 

Siptimbcr  If),  1687. 
Sir:  I  have  tlio  honor  to  transmit  herewith  copy  of  a  minute  of  my  executive 
council,  approved  by  me  on  the  ytli  instant,  nspresenting  the  vahie  to  the  Trovinco 
of  British  Columbia  of  the  i)re8ent  sealing  industry  in  Beliring  Sea,  the  number  of 
vessels,  men,  etc.,  engaged  in  the  same,  the  loss  to  the  Province  certain  to  ensue  from 
the  destruction  of  this  crade  by  the  seizures  and  contiscatious  ma«le  by  the  United 
States  cruisers.  That  the  rights  of  British  subjects  should  have  the  same  protection 
and  consideration  on  the  Pacific  as  on  the  Atlantic,  and  that  full  compensation  and 
redress  for  injuries  already  received,  and  assurances  of  future  noa-interfercnce  should 
be  obtained  from  the  United  States  Government. 


*-   . 


krf:..% 


:    % 


19G 


SEAL    FISHERIES   IN    BERING    SEA. 


TLat  this  qnostion  slionld  bo  inclntlcd  in  the  scope  of  the  duties  of  the  interiiiitioiial 
fishery  coiuniission,  now  understood  to  be  in  process  of  orj^ani/jition,  and  that  it  is 
desirable  said  couiniission  should  hokl  some  of  its  sittings  in  Victoria  for  reasons 
therein  set  forth,  etc. 

I  have  the  honor  to  be,  sir,  your  obedienl;  servant, 

Hu(;h  Nklson, 
Lkiiteiiant-d  over  nor. 


The  Sechetaky  ov 


Statk, 
Ottawa, 


[Inclosiirc  JS'o.  31 

Copy  of  a  report  of  a  committee  of  the  honorable  the  exenith'c  eoiincU,  approved  hy  hit) 
honor  the  Vieutenant-tjovernor  on  the  'J//t  day  of  September,  IridT. 

On  a  nieniorandnni  from  the  honorable  the  minister  of  finauco  and  agriculture, 
dated  the  Gth  September,  1887,  setting;  forth — 

That  there  are  usually  engaged  in  seal  fishing  in  Behring  Sea  seventeen  vessels 
■wholly  owned  by  people  residing  in  this  city,  of  the  aggregate  value  of  $1'25,000. 

That  the  outfit  for  each  semi-annual  voyage  of  these  vessels  represents  an  expendi- 
ture of  IJTo.OOO,  e(iual  to  8150,(11)0  a  year. 

That  each  of  thef-e  vessels,  on  an  average,  employs  .a  crew  of  five  whites  and  about 
twenty  Indians  or  fifteen  to  eighteen  whites  as  hunters. 

Tliat  the  i)robablo  aggregate  value  of  the  product  of  each  voyage  is  $200,000,  or 
$400,000  a  year. 

That  this  industry,  tliougli  as  yet  only  in  its  infancy,  is  a  very  important  one  for  so 
small  a  community. 

That  the  glaring  and  unlawful  seizures  and  couTiscations  in  Behring  Sea  during 
last  season  and  the  jncsent  year  are  completely  crushing  out  this  infant  industry 
and  causing  ruin  and,  in  several  known  instancies,  actmil  distress  to  those  who  have 
invested  their  all  m  tlxi  business  and  relied  upon  it  for  a  livelihood. 

That  the  destruction  of  this  industry  ii^t  only  entails  ruin  and  distress  upon  those 
directly  engaged  therein,  but.  it  affects  most  injuriously  the  trade  of  the  province  and 
drives  from  these  waters  t\  race  of  hardy  and  adventurous  fishermen,  who,  with  their 
families,  are  large  consumers,  and  who  would  in  time  become  a  very  important  ele- 
ment of  strength,  if  not  tlie  nucleus  of  the  future  navy  of  Canada  on  the  Pacific. 

That  the  rights  and  interests  of  British  subjects,  whether  in  fisheries  or  in  com- 
merce, are  entitled  to  the  sanui  consideration  and  jirotectiou  on  the  Pacific  as  on  the 
Atlantic,  and  that  it  is  therefore  the  <luty  of  the  Dominion  Government  to  employ 
every  proper  means  for  obtaining  immediate  and  full  compensation  and  redress  for  past 
injuries  iind  wrongs,  as  well  as  to  guard  against  the  possibility  of  a  repetition  of  these 
high-handed  outrages  in  the  future. 

That  it  is  believed  to  bee  desirable  that  this  question  should  be  included  in  the  scope 
of  the  duties  of  the  international  commission  now  understood  to  be  in  process  of  or- 
ganization for  the  settlement  of  the  fishery  disputes  existing  between  Canada  and 
the  United  States  of  America,  ami  it  is  considered  most  important  that  the  said  com- 
mission should  hold  one  or  more  of  its  sittings  in  this  city,  in  order  that  those  more 
directly  ac(|uaintcd  with  ami  interested  in  the  Pacific  fisheries  may  have  a  better  op- 
portunity of  being  heard  aud  making  thu  conwnissioners  more  thoroughly  acquainted 
with  the  subject  than  would  otherwise  be  possible. 

The  committee  advise  aiii)roval  ami  that  a  copy  of  this  minute  be  forwarded  to  tho 
hoTiorable  the  secretary  of  state  for  Canada. 

Certified. 

'  Jxo.  Roiisox, 


CIc) 

k  Executive 

CounciU 

No.  158. 

iSir 

L. 

\\'cst  io  Ml 

•.  Bai/arcl, 

October  20, 

1887. 

(Omitted  here 

,  being  printed 

supra,  No.  31.) 

SEAL    FI8HEKIES    IN   BERING    SEA. 


197 


Xo.  159. 

Sir  H,  Holland  to  Lord  Lansdoune. 

Downing  Street,  November  4, 1887. 
My  Lord  :  I  have  the  honor  to  transmit  to  yen  for  the  information 
of  your  ministers,  with  reference  to  your  dispatch,  No.  372,  of  the  26th 
of  September,  the  accompanying  copy  of  a  correspondence  between  this 
department  and  the  foreign  office,  12th  and  20th  October,  1887,  re- 
specting the  seizures  of  British  vessels  in  Behring  Sea. 

Her  Majesty's  minister  at  Washington  has  now  been  instructed  to 
give  to  the  Secretary  of  State  of  the  United  States  a  copy  of  IMr.  Fos- 
ter's report  of  the  loth  of  Sei)teniber,  on  wliicli  subject  telegraphic 
communications  have  passed  between  myself  and  Your  Lordship. 
I  have,  etc., 

H.  T.  Holland. 

Gov.  Gen.  the  Most  lion,  the  Marquis  of  Lansdowne,  etc. 


in  com- 
as on  the 
employ 
for  past 
of  these 


[Inelosnre  No.  1.] 
The  colonial  office  to  the  foreign  office. 

Downing  SxiiKET,  October  17,  1S87. 

Sir  :  I  am  directed  by  Secretary  Sir  H.  Holland  to  transmit  to  you,  to  be  laid  beforo 
the  Manjuis  of  Salisbury,  copy  of  a  dispatch  from  tlie  jfovcriior-jfcuoral  of  Canada, 
dated  2(5th  Septeujbcr,  with  its  iuclosures,  re8i)ecting  the  seizure  in  Behring  Sea  of 
the  British  schooner  Alfred  Adams. 

These  papers  appear  to  Sir  H.  Holland  to  point  to  a  serious  stiite  of  things,  which 
seem  to  make  it  necessary  that  some  decided  action  in  the  matter  sliould  bo  taken  by 
Her  Majesty's  Government.  And  he  would  suggest  for  the  consideration  of  Lord 
Salisbury,  whether  it  would  not  be  desiral)lo  to  instruct  Sir  L.  West,  unless  he  has 
already  done  so,  formally  to  protest  against  the  rigiit  assumed  by  the  United  States 
of  seizing  vessels  for  catching  seals  beyond  the  territorial  waters  of  Alaska. 

I  am  to  add  that  Sir  H.  Holland  makes  this  suggestion,  as  Mr.  Bayard  is  reported  in 
the  newspapers  to  have  stated  that  no  protest  against  their  right  to  seize  had  been 
made,  and  to  have  assumed  therefore  tiiut  Her  Majesty's  Government  did  not  really  dis- 
pute it. 

I  am,  etc., 

John  Bkamston. 

The  Under  Skcisktauy  ok  State, 

Furciyn  Office. 


llnclosiire  No.  2.] 
Tbeforeif/n  office  to  the  colon lal  office. 

FoUKiSN  O^KICE,  October  20,  1887. 

Sir:  I  am  directed  by  the  Marquis  of  Salisbury  to  acknowledge  the  receipt  of  your 
letter  of  the  17th  instant,  inclosing  copies  of  n  correspondence  received  from  the  gov- 
ernor-general of  Canada,  relative  to  the  seizures  made  by  the  authorities  of  the  United 
States  of  certain  British  vessels  when  engaged  in  seal-iishing  in  Behring  Sea. 

With  reference  to  the  latest  case  reported,  that  of  the  Canadian  schooner  Alfred 
Adams,  I  am  to  request  that  you  will  inform  Sir  H.  Holland  that  a  telegram  has  been 
sent  to  Her  Majesty's  minister  at  Washington,  directing  him  to  make  a  protest  to  the 
United  States  Government  against  the  seizure  of  that  vessel  and  the  continuance  on 
the  high  seas  of  similar  proceedings  by  the  authorities  of  the  United  States. 

With  regard  to  the  report  that  it  had  been  stated  by  Mr.  Bayard  that  no  protest  had 
been  made  against  the  right  of  those  authorities  to  make  the  seizures,  and  that  it  had 
therefore  been  assumed  that  Her  Majesty's  Government  did  not  really  dispute  the 


198 


SEAL   FISHERIES    IN   BERING   SEA. 


.•  > 


right,  I  am  to  remind  yon  that  Sir  L.  West,  acting  on  the  instructions  which  were 
given  to  him  by  the  Earl  of  Iddesleigh  on  the  20th  of  of  October,  18H(!,  addressed  a 
note  to  the  United  States  Secretary  of  State  protesting  in  the  name  of  Her  Majesty's 
Government  againsfftho  seiznro  of  the  three  Columbian  schooners,  Thornton,  Onward, 
and  Caroline,  by  the  United  States  revenue  cruiser  Cortcin.  This  correspondence  was 
forwarded  with  my  letter  of  the  16th  of  November  last. 

I  am  further  to  j)oint  out  that  the  directions  given  to  Sir  L.  West  in  regard  to  sub- 
sequent seizures  of  other  Brltisli  vessels  in  Behring  Sea  during  the  present  iishing 
season  which  wore  embodied  in  Lord  Salisbury's  dispatches,  Nos.  219  and  229  of  the 
10th  and  y7th  ultimo  (copies  of  which  were  also  communicated  to  you  on  those  dates 
respectively),  amount  to  a  protest  against  the  assumption  by  the  United  States  Gov- 
ernment of  their  right  to  seize  British  vessels  on  the  high  seas  in  those  waters. 

I  am  to  request  that  in  laying  this  letter  before  Sir  H.  Holland,  you  will  move  him 
to  ascertain  by  telegraph  whether  the  report  of  Mr.  Foster  (the  Canadian  minister  of 
marine  and  fisheries)  of  the  1.5th  ultimo,  has  been  communicated  by  Lord  Lansdowne, 
with  the  papers  attached,  to  Her  Majesty's  minister  at  Washington,  as  suggested  in 
the  report. 

On  learning  that  this  has  been  done,  Lord  Salisbury  proposes  to  .authorize  Sir  L. 
West  to  give  a  copy  of  them  to  Mr.  Bayard. 
I  am,  etc., 

J.  Paunckfoti:. 


^  I  '  ■    i" 


r  ■•>   ■ 


No.  IGO. 


Sir  H.  Holland  to  Lord  Lansdoicnc. 

Downing  Street,  November  IG,  1887. 
My  Lord:  I  have  the  honor  to  transmit  to  you,  for  eomrannication  to 
your  ministers,  with  reference  to  .your  dispatches  of  the  numbers  and 
dates,  No.  408,  October  20,  No.  372,  September  20,  telegram  September 
23,  the  accompanying  printed  correspondence  received  from  the  foreign 
office  respecting  the  seizui'e  of  the  British  Columbian  sealing  vessels  in 
Behring  Sea. 

I  have,  etc., 

H.  T.  Holland. 

Gov.  Gen.  the  Most  Hofi.  the  Marquis  of  Lansdowne, 

K.  C.  M.  G. 


r 

•0 
8 
II 
C 


[Inclosiiro  No.  1  ] 
Sir  L.  West  to  the  Marquis  of  Salisbury. 

WAsnixGTON,  Octoher  12,  1887. 
My  Lord  :  In  accordance  with  the  instructions  contained  in  your  lordship's  tele- 
gram, No.  39,  of  the  27th  ultimo,  I  addressed  a  note  to  the  Secretary  of  State,  copy  of 
which  I  had  the  honor  to  inclose  to  your  lordship  in  my  <lispatch,  No.  273,  of  the  28th 
nltimo,  inquiring  the  reason  why  the  vessels  referred  to  in  his  note  of  the  .3d  of 
February  last  had  not  been  reWased,  and  I  now  inclose  copy  of  the  reply  which  I  have 
received  thereto. 
I  have,  etc. 

L.  S,  Sackviij.k  Wkst. 


_  .  '  i 


[Inclosure  Ko.  2.] 
Mr.  Bayard  to  Sir  L.  West,  Octoher  11,  1887. 
(Omitted  here,  being  printed  aujira,  No.  22.) 


SEAL   FISHERIES   IN    BERING    SEA. 


199 


[Incloaure  Xo.  3.] 

Sir  L.  Went  to  the  Marquis  of  Salishury. 

Wasiiingtox,  Octohrr  V2,  IS87. 
My  Lord:  With  rcforenco  to  your  lordship's  dispatch,  No.  220,  of  the  l.'')th  ultimo, 
Tespectiufr  the  judicial  procecditigs  in  the  cases  of  the  scliooners  Carolina,  Onward, 
and  Thornton,!  have  the  honor  to  refer  to  the  memoranda  contained  in  my  dispatches, 
No.  2GI.  of  the  8th,  and  No.  203,  of  tlie  0th  September.  From  wliat  I  can  ascertain, 
the  notice  of  appeal  in  these  cases  is  still  lyinu:  in  the  Sitka  court,  for  there  is  no 
court  to  wliich, under  the  act  of  Con<:;rP8s,  the  injured  parties  could  appeal,  and  as  in 
the  case  of  the  American  vessel  San  Diego,  no  farther  steps  can  be  taken  in  the  matter. 
I  have,  etc., 

L.  S.  Sackvilm".  Wkst. 


(Inclosure  No.  4.] 

Sir  L.  West  to  the  Marquis  of  Salisburi/. 

Wasiiixgtox,  October  12,  1887. 
My  Loud:  In  accordance  with  the  instructions  contained  in  your  lordship's  dis- 
patch, No.  229,  of  the  27th  ultimo,  I  addressed  a  note  to  the  Secretary  of  State,  copy 
of  which  I  have  tlie  honor  to  inclose  herewith,  makinjj  similar  representations  re- 
specting the  seizure  of  the  British  vessels  Grace,  Dolphin,  and  TF.  P.  Sayward,  as  were 
made  in  the  cases  of  the  Onward,  Carolina,  and  Thornton,  and  reserving  all  rights  to 
compensation  on  behalf  of  the  owners  and  crews. 
I  have,  etc., 

L.  S.  Sackvili.e  Wf.st. 


[Inclosure  No.  5.] 
Sir  L.  West  to  Mr.  Bayard,  October  12,  1887. 
(Omitted  here,  being  printed  supra.  No.  23.) 


[Inclosure  No.  6.] 
Sir  L.  West  to  the  Marquis  of  Salisbury. 

Washington,  October  14,  1837. 
My  Lord:  I  have  the  honor  to  inclose  your  lordship  herewith  copy  of  the  reply 
•which  I  have  received  to  my  note  of  the  12th  instant,  copy  of  which  was  inclosed  in 
any  dispatch  of  No.  278,  of  the  12th  instant,  respecting  the  seizure  of  the   G.  ace, 
Dolphin,  and  W.  P.  Sayward. 
I  have,  etc., 

L.  S.  Sackviixe  West. 


[Inclosure  No.  7.] 
Mr.  Bayard  to  Sir  L.  West,  October  13,  1887. 
(Omitted  here,  being  printed  8U2)ra,  No.  2G.) 


[Inclosure  No.  8.] 

Sir  L.  West  to  the  Marquis  of  Salisbury. 

Washington,  October  14,  1887. 
My  Lord  :  With  reference  to  the  note  from  the  Secretary  of  State,  copy  of  which 
was  inclosed  in  my  dispatch.  No.  276,  of  the  12th  instant,  I  have  the  honor  to  inclose 
to  year  lordship  herewith  copy  of  a  further  reply  to  my  note  of  the  29th  ultimo,  ex- 


200 


SEAL   FISHERIES   IN   BERING    SEA. 


1^   . 


pressing  regret  that  misconception  of  the  intentions  and  orders  of  the  President  for 
the  release  of  the  sealers  Onward,  Carolina,  and  Thornton  shunhl  have  delayed  their 
prompt  execution,  and  stating  that  renewed  orders  have  heen  forwarded. 

I  have  commnnicated  copy  of  this  note  to  the  Marqnis  of  Lansdowno,  the  substance 
of  which  I  telegraphed  your  lordship  this  day. 
I  have,  etc., 

L.  S.  Sackville  West. 


[Inclosure  No.  9.] 
2Ir.  Bayard  to  Sir  L.  West,  October  13,  1887. 
(Omitted  here,  being  printed  8U2>ra,  No.  '25.) 


[Inclosure  No.  10.] 

Sir  L.  West  to  the  Marquis  of  Salishury. 

Washington',  October  20,  1887. 
My  Lokd:  I  have  the  honor  to  inclose  to  your  lordship  herewith  copy  of  a  note,, 
which  upon  tlio  receipt  of  your  lordsliip's  telegram  of  the  19th,  I  addressed  to  the 
Secretary  of  State  protesting  against  the  seizure  of  the  Canadian  vessel  Alfred  Adams, 
ill  Rehriiig  Sea,  and  against  the  continuation  of  similar  proceedings  by  the  United) 
States  autborities  on  the  high  seas. 
I  have,  etc., 

L.  S.  Sackville  West. 


[Inclosure  No.  U.] 
Sir  L.  Weit  to  .Vr.  Jlayard,  October  19,  1887. 
(Omitted  heri',  being  printed  supra,  No.  2'.).) 


Xo.  IGl. 


Sir  n.  Holland  to  Lord  Lansdoicne. 

No.  399.]  Downing  Street,  November  24, 1887. 

My  Lord  :  With  reference  to  uiy  dispatches  of  the  4tb  and  ICtli  in- 
stant, I  have  the  honor  to  transmit  to  you  herewith,  for  communication 
to  your  Government,  a  copy  of  a  dispatch  received  through  the  foreign 
oftice  from  Her  Majesty's  minister  at  Washington  with  its  inclosure  re- 
lating to  the  seizure  of  the  Alfred  Adams  in  Behring  Sea. 
I  have,  etc., 

H.  T.  Holland. 

Gov.  Gen  ,  the  Most  Hon.  the  Marquis  op  Lansdowne,  G.  C.  M.  G. 


'liV 


[InclosHi'o  No.  1.] 

Sir  L.  S.  West  to  the  Marquis  of  Salisbury. 

Washington,  October  23,  1887. 
My  Lord  :  With  reference  to  my  dispat.  h  No.  288  of  the  20th  instant,  in  which  I 
had  the  honor  to  inclose  copy  of  the  note  which,  according  to  instruotious,  I  addressed 


SEAL    FISHERIES    IN   BERING    SEA. 


201 


int  for 
I  thoir 

stance 


to  the  United  States  Government  on  the  subject  of  the  seizure  of  the  Alfred  Adams, 
in  Behring  Sea,  I  liave  the  honor  to  transmit  herewith  copy  of  Mr.  Bayard's  reply, 
in  which  he  acknowledges  the  receipt  of  my  above-mentioned  couimunicatiou. 
I  have,  etc., 

L.  S.  Sackvillk  West. 


EST.. 


[Inclosure  No.  2.] 
Mr.  Bayard  to  Sir  L.  S.  S.  West,  October  22,  1887. 
(Omitted  here,  being  printed  supra,  No.  30.) 


No.  162. 


887. 

k  note,, 
to  the 
tdams, 
Jnitedi 


EST. 


Sir  R.  Holland  to  Lord  Lansdoicne. 

Downing  Street,  December  7, 1887. 
My  Lord:  I  have  the  houor  to  transmitto  your  lordship  herewith,, 
for  your  iuforination  and  lor  that  of  your  ministers,  a  co[)3'  of  a  dis- 
patch, received  through  tlie  foreign  office,  which  has  been  addressed 
by  the  secretary  of  state  for  foreign  alfairs  to  Her  Majesty's  jilenipo- 
tentiaries  at  the  fisheries  conference  at  Washington,  relative  to  a  i)ro- 
posed  international  convention  for  the  protection  of  seals  in  Behriug 
Sea. 

1  have,  etc., 

n.  T.  Holland. 
Gov.  Gen.  the  most  Hon.  the  Marottjs  of  Lansdowne, 

G.  C.  M.  G.,  etc. 


87. 
,h  in- 
ation 
feigU) 
e  re- 


387. 

ich  I 

eased 


[Incloanre.l 
Lord  Salisbury  to  Her  Majesty's  plenipotentiaries  at  the  Fisheries  Conference, 

FoHKiGN  Office,  December  2,  1887. 

Gentlemen:  I  received  on  the  26th  instant  a  telegram  from  Mr.  Chamberlain,  in- 
quiring whether  a  proposal  for  an  international  conference  in  regard  to  the  Behring 
Sea  tisheries  had  been  accepted  by  Ifer  Majesty's  Government. 

You  are  aware  from  the  correspondence  which  is  in  your  possession  that  communi- 
cations with  reference  to  a  i)roposal,  which  would  appear  to  have  been  addressed  to 
some  of  the  luaritime  powers  by  the  United  States  foreign  international  convention 
for  the  protection  of  seaLs  in  the  Behring  Sea,  were  received  last  October  from  the 
German  and  Swedish  charges  d'affaires  in  London. 

No  definite  invitation,  however,  for  an  international  nnderstandhig  on  this  question 
has  yet  been  received  irom  the  Government  of  the  United  States  by  Her  Majesty's 
Government. 

In  answer  to  a  question  from  Mr.  Phelps,  I  have  expressed  myself  as  being  favor- 
ably disposed  to  negotiating  for  an  agreement  as  to  a  close  season  in  all  seal  fisheries 
to  whomsoever  belonging,  but  I  carefully  separated  the  question  from  all  controver- 
sies as  to  fishery  rights. 
I  am,  etc., 

Salisbury. 

Her  Majesty's  Plenipotentiaries. 


202 


SEAL    FISHERIES    IN    BERING    SEA. 


t  ■ 


*•'    ,  •*  ■• 


)  »• 


No.  1G3. 

Lord  Lansdoioie  to  Sir  Henry  Ilolland. 

Ottawa,  January  19,  1888. 
Sir  :  In  reference  to  my  former  dispatches  upon  the  subject  of  the 
seizure  of  Canadian  sealing  vessels,  durinjGj  the  years  1880  and  1887,  by 
United  States  cruisers,  for  fishing  in  Behring  Sea,  I  have  the  honor  to 
report  that  my  minister  of  marine  and  fisheries  has  received  from  the 
customs  authoriiies  at  Victoria  an  intimation  addressed  by  the  United 
States  marshal  at  Sitka  to  Mr.  Spring,  the  owner  of  the  Onirard,  one 
of  the  three  vessels  seized  in  188*>,  to  the  eff<'ct  that  that  vessel  as  well 
as  the  Thornton  and  Carolina,  with  their  tackle,  appaiel,  and  furniture, 
as  they  now  lie  in  the  harbor  of  Ounalaska,  are  to  be  restored  lo  theiT* 
owners,     A  copy  of  this  intimation  is  inclosed  herewjtli. 

(2)  The  information  received  by  my  minister  is  to  the  effect  that  the 
condition  of  these  three  vessels,  owing  to  the  length  of  time  during 
■which  they  have  been  lying  on  the  shore,  is  now  such  as  to  render  it 
questionable  whether  they  could,  nn«ler  the  present  circumstances,  be 
repaired  and  removed  with  advantage.  The  diflBculty  of  doing  this 
■would  be  increased  from  the  fact  that  the  vessels  have  been  released 
at  a  season  of  the  year  in  which,  owing  to  the  great  distance  between 
Victoria  and  Ounalaska,  it  would  be  scarcely  possible  for  the  owners 
to  fit  out  steamers  for  the  purpose  of  going  up  to  Ounalaska  to  repair 
their  vessels  and  bring  them  home. 

(3)  1  also  inclose  herewith  a  copy  of  an  extract  from  a  British  Co- 
lumbia newspaper  (the  name  and  date  of  the  publication  are  not  given), 
from  which  it  would  appear  that  the  district  judge  has  made  an  order 
for  the  sale  of  arms  and  ammunition  taken  from  tlie  three  schooners  in 
question,  upon  the  supposed  ground  that  as  the  instructious  sent  by 
the  United  Stat<'S  Government  to  Sitka  for  the  liberation  of  the  vessels 
made  no  mention  of  the  arms  and  ammunition  on  board  of  them,  the 
court  concluded  that  these  should  be  confiscated  and  sold.  It  would 
seem  from  the  same  extract  that  the  remaining  vessels  held  in  Alaska 
are  not  included  in  the  order  sent  by  the  United  States  Government 
for  the  release  of  the  Thornton,  Carolina,  and  Omcard,  and  are  there- 
fore likely  to  be  sold  with  their  contents  and  equipment. 

(5)  I  have  already  dwelt  at  sufficient  length  upon  the  extent  of  the 
hardships  involved  to  the  crews  and  the  owners  of  these  vessels  by  the 
action  of  the  United  States  Government,  and  I  will  only  upon  the  pres- 
ent occasion  remind  you  that  another  fishing  season  is  approaching, 
and  that  as  far  as  my  Government  is  aware,  no  declaration  has  been 
made  by  that  of  the  United  States  in  regard  to  the  policy  which  it  in- 
tends to  adopt  during  the  course  of  the  year  which  has  just  commenced. 


I  have,  etc. 


The  Right  Hon.  Sir  Henr"x  Holland,  Bart.,  etc. 


Lansdowne. 


llncloaiire  1.] 

Mr.  Barton  Atkins  to  Mr.  C.  Spring. 

District  of  Alaska.  Office  of  United  States  Marshal, 

Sitka,  December  5, 1887. 
Sir  :  I  take  pleasure  in  informing  yon  and  the  otherownersof  the  schooners  seized 
in  the  Bebriug  Sea  by  the  U.  S.  S.  Corwin  that  I  am  in  receipt  of  orders  from  Washington 


\ 


SEAL    FISHERIES   IN    BERING    SEA. 


203 


to  restore  to  their  owners  the  schooners  Onward,  Thorotoii,  anil  Cnrolitia,  their  tackle, 
ajiparel,  and  furniture,  I's  tiiey  now  lie  in  tlie  iiarlior  ofOiinalasiia.     Orders  for  their 
release  have  been  forwarded  to  their  custodian  at  Ounalaska. 
Very  resoectl'ully, 

liAKTox  Atkins, 
i'nitcd  States  ifarslud.  District  of  Alaska. 
Mr.  C.  Sprint., 

J'ictoria,  B.  C. 


flnclosiire  2.— Kxtnict  from  an  American  ucwsiiaper  (name  tuid  date  unkuown).] 
Alaaka  news — The  sealers  and  what  will  be  done  with  them. 

Judge  Dawson  has  made  an  order  for  the  sale  at  Juneau  of  the  arms  and  ammuni- 
tion taken  from  the  Britisli  schooners  Thornton,  Carolina,  and  Onward,  captured  last 
year  by  the  ConciH.  Attorney-Gen sral  Garland  sent  instructions  to  Sitka  to  liave 
tlio  three  vessels  liberated,  but  as  he  made  no  mention  of  the  arms  and  ammunition 
the  court  concluded  that  they  must  be  sold,  and  gave  directions  accordingly. 

The  marshal  has  further  been  authorized  to  sell  the  schooner  71'.  i'.  Sayward  (Brit- 
ish), and  the  Al^iha,  Kate,  Anna,  and  Sylvia  Handy  (American),  together  with  their 
boats,  tackle,  and  furniture.  By  stipulation  entered  into  last  September  between 
Mr.  Delaney,  acting  for  the  United  States,  and  Mr.  Drake,  Q.  C,  representing  the 
Canadian  Government,  the  remaining  British  schooners  can  not  be  sold  until  the  ex- 
piration of  three  months  from  the  11th  of  January  next,  and  then  only  by  the  district 
attorney  giving  the  owners  ninety  days'  notice. 

APPLICATION   GRANTED. 

In  the  cases  of  the  schooners  7/j?i/X.,  W.  P.  Say  ward,  Annie,  Allic  J,  Alger,  Alpha,  Kate 
and  Anna,  and  Sylvia  Handy,  an  application  made  by  Attorney  W.  Chirk,  counsel  for 
the  owners,  for  leave  to  appeal  to  the  Supreme  Court  of  the  United  States  was 
granted. 

A  motion  presented  by  the  same  attorney  for  a  stay  of  proceedings  for  throe  months 
iu  the  cases  of  the  W.  P.  Sayward,  Aljiha,  Kate  and  Anna,  and  the  Sylvia  Handy,  was 
refused  by  the  court  on  the  ground  that  the  owners  had  had  ample  time  in  which  to 
prepare  for  their  appeals,  and  it  was  entirely  their  own  fault  if  they  had  not  done  so. 


'"i 


i'  I 


Part    IV. 


PRIOR  CORRESPONDENCE  RELATIVE  TO  BEHRINO  SEA,  ALASKA, 
THE  SEA  OF  OKHOTSK,  AND  THE  RUSSIAN  UKASE  OF  1821. 


2s"o.  1G4.* 


Mr.  Poletica  to  Mr.  Adams. 


IXranslatioii.] 


Washington,  January  30  [February  11],  1822. 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary  of 
His  Majesty  iheEinperor  of  fill  the  Russias,  in  consequence  of  orders  whicli 
have  hitely  reached  him,  hastens  herewith  to  transmit  to  Mr.  Adams, 
Secretary  of  State  in  the  Department  of  Foreign  Affairs,  a  printed  copy 
of  the  regulations  .adopted  by  the  Russian-American  Company,  and  sanc- 
tioned by  His  Imperial  Majesty',  relative  to  foreign  commerce  in  the  wa- 
ters bordering  the  establishments  of  the  said  company  on  the  northwest 
coast  of  America. 

The  undersigned  conceives  it  to  be,  moreover,  his  duty  to  inform  Mr. 
Adams  that  the  Imperial  Government,  in  a'lnpting  the  regulation,  sup- 
poses that  a  foreign  ship,  which  shall  have  sailed  from  a  European  port 
after  the  1st  of  March,  1822,  or  from  one  of  the  ports  of  the  United  States 
after  the  1st  of  July  of  the  same  year,  can  not  lawfully  pretend  igno- 
rance of  these  new  measures. 


The  undersigned,  etc. 


Pierre  de  Poletica. 


Ilnclosiire  I.] 
I'Jdict  of  His  Imperial  Majesty ,  Autocrat  of  all  the  liuasias. 

The  directiiifj  senate  maketli  known  nnto  all  men : 

Whereas  in  an  edict  of  His  Imperial  Majesty,  issued  to  the  directing  senate  on  the 
4ih  day  of  September,  and  signed  by  Ills  Majesty's  own  hand,  it  is  thus  expressed : 

"Observing,  from  reports  submitted  to  us,  that  the  trade  of  our  subjects  on  the 
Aleutian  Islands  and  on  the  northwest  coast  of  America,  appertaining  unto  Russia,  is 
subject,  because  of  secret  and  illicit  traffic,  to  oppression  and  impediments  ;  and  find- 
ing that  the  principal  cause  of  these  difficulties  is  the  want  of  rules  establishing  the 
boundaries  for  navigation  along  these  coasts,  and  the  order  of  naval  communication, 
as  well  in  these  places  as  on  the  whole  of  the  eastern  coast  of  Siberia  .and  the  Kurile 
Islands,  we  have  deemed  it  necessary  to  determine  these  communications  by  specific 
regulations,  which  are  hereto  attached. 

*No8.  164  to  173,  inclusive,  are  here  reprinted  from  "American  State  Papers,  For- 
eign Relations." 

^04 


sp:al  fisiikries  in  ukring  sea. 


205 


"  In  forwanliDj;  thoso  r«;;uliitioiiH  to  thn  (lirectiiijj  Hciiiitf,  wo  ctniiiiiaml  that  tlm 
sainu  bo  ]>iibliHhc<l  for  univursal  iiifoninitioii,  and  that  the  proper  nieasiirea  be  taken 
to  carry  tUeui  into  execution." 

Count  1).  Otmukk, 
MiniDtcr  of  I'iiiancen. 

It  is  therefore  «lecree«l  by  tlio  directinjj  senate  that  Ills  Imperial  Majesty's  edict 
bo  published  tor  the  inforuiatiou  of  all  men,  and  that  the  ^laule  be  obeyed  by  all  whom 
it  may  concern. 

[The  original  is  signed  by  the  directin;^  senate.] 

Printed  at  St.  Petersburg.     In  the  senate,  September  7,  1-^vJl. 

fOn  the  original  is  written,  in  the  handwriting  of  His  Imperial  Majesty,  thus:] 

lie  it  accordingly, 

Alkxan'hek. 

Kamknnoy  Ostuofi",  Sepfcmhr  4,  1821. 


'  [Inclosuro  II.] 

IlitUs  cHtahlishfd  for  the  limitu  of  navigation  and  o''der  of  communication  along  the  count 
of  the  EuHtirn  Siberia,  the  northwcxtern  coast  of  America,  and  the  Aleutian,  Kurile,  and 
other  islands.  , 

Skc.  1.  The  pursuits  of  coiunierco,  whaling,  and  fishing,  and  of  all  other  indus'ry, 
ou  nil  islands,  ports,  and  gulfs,  including  the  whole  of  the  northwest  coast  of  America, 
beginning  from  Heliring  Strait  to  the  tifty-first  degree  of  northern  latitude;  also  from 
tiie  Aleutian  Islands  to  the  eastern  coast  of  Siberia,  as  well  as  along  the  Kuri!e  Islands 
from  Hehring  Strait  to  the  south  cajie  of  the  island  of  L'rup,  viz,  to  'i'y^  50'  nortliern 
latitude,  are  exclusively  granted  to  Rus'-ian  subjects. 

Skc.  2,  It  is  then^fore  prohibited  to  all  foreign  vessels  not  only  to  land  on  the  coasts 
and  islands  belonging  to  Russia,  as  stated  above,  but  alno  to  apin'oach  them  within 
less  than  a  hundred  Italian  miles.  The  transgressor's  vessel  is  subject  toconliscation, 
along  with  the  whole  cargo. 

Skc.  :5.  An  exception  to  this  rule  is  to  be  made  in  favor  of  vessels  carried  thither 
by  heavy  gales,  or  real  want  of  provisions,  and  unable  to  make  any  other  shores  but 
such  as  belong  to  Russia ;  in  these  (iases  they  are  obliged  lo  produce  convincing  proofs 
of  actual  reason  for  such  an  exception.  Shijjs  of  friendly  governments,  merely  on  dis- 
coveries, are  likewise  exemjit  from  the  foregoing  rule  (section  U).  In  this  case,  how- 
ever, they  must  previously  bo  provided  witli  passports  from  the  Russian  minister  of 
the  iiavv. 


No.  105. 


?[)\  Adams  to  ilfr.  Foletica. 

Department  of  State, 
M^'ashinffton,  February  2ii,  1822. 

Sir:  I  have  the  lionor  of  receiviug;  yonr  not3  of  the  11th  instuut,  in- 
closing a  printed  copy  of  the  regulations  adopted  by  the  Eussiaii  Ameri- 
can Company,  and  sanctioned  by  Ilis  Imperial  Majesty,  relating  to  the 
commerce  of  foreigners  in  the  waters  bordering  ou  the  establishments 
of  that  company  upon  the  northwest  coast  of  America. 

I  am  directed  bj'  the  President  of  the  United  States  to  inform  you  that 
he  has  seen  with  surprise,  in  this  edict,  the  assertion  of  a  territorial 
claim  on  the  i)art  of  Eussia,  extending  to  the  flftytirst  degree  of  north 
latitude  on  tiiis  continent,  and  a  regulation  interdicting  to  all  com- 
mercial vessels  other  than  Kussian,  upon  the  penalty  of  seizure  and 
confiscation,  the  approach  upon  the  high  seas  within  100  Italian  miles 
of  the  shores  to  which  that  claim  is  made  to  apply.    The  relation^  of 


^  ^J 


206 


SEAL    I'lSIIKRIKS    IX    IJKRING    HKA. 


the  United  Stiitos  with  His  Imperial  Majesty  have  always  been  of 
the  most  friendly  character;  and  it  is  the  earnest  desire  of  this  (rovern- 
nient  to  preserve  them  in  that  state.  It  was  expected,  before  any  act 
which  shoidd  define  the  honndary  between  the  territories  of  the  United 
States  and  Unssia  on  this  continent,  that  the  same  would  have  been  ar- 
ranged by  treaty  between  the  i>arties.  To  exclude  the  vessels  of  our 
citizens  from  the  shore,  beyond  the  ordinary  distance  to  which  the  ter- 
ritorial jurisdiction  extends,  has  exciteil  still  fjreater  surprise. 

Tliis  oidinance  all'ects  so  deeply  the  rights  of  the  United  States  and 
of  their  citizens  that  1  am  instructed  to  incpiire  whether  you  are  author- 
ized to  give  explanations  of  the  grounds  of  right,  upon  priiuiiples  gen- 
erally re(t()gnized  by  tlie  laws  ami  usages  of  nations,  which  can  warrant 
the  cliiitns  and  regulations  contained  in  it. 
i  avail,  etc., 

JoirN  QuiNcr  Adams. 


t"  „  * 


■rf- 


No.  100. 
Mr.  PoJetica  to  Mr.  Adams. 

"Washington,  February  'JS,  1822. 

Mr.  Poletica  replied  on  the  2Sth  of  the  same  month,  and  after  giving 
a  summary  of  historical  incidents  which  seemed  to  him  to  establish  the 
title  of  Russia  to  the  territories  in  question  by  lirst  discovery,  said: 

"I  shall  be  more  succinct,  sir,  in  the  exposition  of  the  motives  which 
determined  the  Impeiial  Government  to  prohibit  foreign  vessels  from 
approaching  tlie  northwest  coast  of  America  belonging  to  liussia  within 
the  distance  of  at  least  100  Italian  miles.  This  measure,  however  severe 
it  may  at  tirst  ai)pear,  is,  after  all,  but  a  measure  of  prevention.  It  is 
exclusively  directed  agains^  the  culpable  enterpriaesof  foreign  adventur- 
ers, who,  not  content  with  exercising  upon  the  coasts  above  mentioned 
an  illicit  trade  very  prejudicial  to  the  rights  reserved  entirely  to  the  Kus- 
sian  American  Company,  take  U])on  them  besides  to  furnish  arms  and 
ammunition  to  the  natives  in  the  Jxussian  possessions  in  America,  ex- 
citing them  likewise  in  every  numner  to  resist  and  revolt  against  the 
authorities  there  established. 

"The  American  (rovevnment  <loubtless  recollects  that  the  irregular 
conduct  of  these  adventurers,  the  majority  of  whom  was  composed  of 
American  citizens,  has  been  the  obje(;t  of  the  ntosfc  pressing  remon- 
strances on  the  i)art  of  Kussia  to  the  Federal  Government  from  the 
time  that  diplomatic  missions  were  organized  between  the  countries. 
These  remonstrances,  repeated  at  ditlerent  times,  remain  constantly 
without  effect,  and  the  inconvenieMces  to  which  they  ought  to  bring  a 
remedy  continue  to  increase.    *     *     * 

''I  ought,  in  the  last  ])lace,  to  request  you  to  consider,  sir,  that  the 
Russian  possessions  in  the  Pacilic  Ocean  extend,  on  the  northwest  coast 
of  America,  from  IJohring's  Strait  to  the  fifty-tirst  degree  of  north  lati- 
tude, and  on  tiie  opi>osite  side  of  Asia  and  the  islands  adjacent,  from 
the  same  strait  to  the  forty-fifth  degree.  The  extent  of  s^n  of  which 
these  possessions  form  the  limits  comprehen<ls  all  the  condiiions  which 
are  ordinarily  attached  to  shut  seas  (mers  ferm^es),  and  the  Russian 
Government  might  consequently  judge  itself  authorized  to  exercise 
upon  this  sea  the  right  of  sovereignty,  and  especially  that  of  entirely 
interdicting  the  entrance  of  foreigners.  But  it  preferred  only  asserting 
its  essential  rights,  without  taking  any  advantage  of  localities." 


SEAL    JMSMKKIKS    IN    HKIi'INO    SKA. 


207 


No.  KJT. 
Mr.  Adams  to  Mr.  I'olctica, 


Dki'aktmhnt  or  State, 

\V((.slthujt(>n,  Mdi-tk  ;;(>,  1822. 

Siu;  I  have  had  the,  honor  of  ituiciviii};  yomlt'ttor  of  tlus  2Stli  ullitno, 
which  hiis  ht'i'ii  .siil»riiitti'(l  to  the  roiisiilcratioii  of  tlm  I'rcsulciit  ofthii 
LTnitetl  kStatcs. 

Kroiii  th»^  (ItMluction  wliich  it  contains  of  llic  jjrounds  ujkhi  \vhi(!h 
articles  of  rcjiiihition  of  Ilic  Jinssiiin-Anicricin  Company  liavc  now, 
for  the  first  time,  extended  the  ehiim  of  Ifiissia  on  the  northwest  (^oast 
of  America  to  the  tifty-tirst  def:ree  of  north  hititiide,its  oidy  fonndation 
ajjpears  to  be  the  existence  of  Ww  small  settlement  of  >'ovo  Arcli- 
anj^elsk,  situated,  not  on  the  American  r-ontinent,  but  upon  a  small 
island  in  latitutle  o7°;  and  the  j)rin(!iple  upon  which  you  statei  that  th's 
claim  is  now  advanced  is,  that  the  lifty-lirst  de;:,ree  is  e(iiiidistant  from 
the  settlement  of  ^NovoArchanjjelsk  and  the  est.iblishnuMitof  the  United 
States  at  the  mouth  of  the  Columbia  Iviver.  IJut,  from  the  same  state- 
ment, it  appears  that,  in  the  year  17!)1>,  the  limits  ju'escribed  by  the 
Emperor  Paul  to  the  liUSsiauAmerican  Comjjany  were  fixed  at  the 
tiftytifth  decree  of  latitude,  and  that,  in  assuminj;  now  the  latitude  57°, 
a  new  ]»retension  is  asserted,  to  which  no  settlement  made  since  the 
year  j17J)U  has  j;iveu  the  color  of  a  sanction. 

This  pretension  is  to  be  considered  not  oidy  \.ith  releienc(!  to  the 
question  of  territorial  rif^ht,  but  also  to  that  prol,il»ition  to  tlu;  vessels 
of  other  nations,  includin;jf  those  of  the  Unite<l  States,  to  approach 
within  100  Italian  miles  of  the  coasts.  Fre  i  the  period  of  the  existence 
of  the  United  States  as  an  independent  nation,  their  vessels  have  freely 
navijrated  those  seas,  and  the  riH;ht  to  navi<fate  them  is  a  part  of  that 
ind  pendence. 

A\  ith  rejjiiid  to  the  sn<;',i:estion  that  the  liussiin  (Jovernment  mijifhl 
have  justilied  the  exercise  of  sovereignty  over  the  Pacidf;  Ocean  as  a 
close  sea,  because  it  claims  territory  l)otli  on  its  American  an<l  Asiatic 
shores,  it  may  sullice  to  say  that  the  distance  from  shore  to  shore  on 
this  sea,  in  latitude  51°  north,  is  not  less  than  90°  of  longitude,  or4,0U0 
miles. 

As  little  can  the  United  States  accede  to  the  Justice  ol"  the  reason  as- 
signed for  the  jjrohibition  above  mentioned.  The  ri^jht  of  the  citizens 
of  the  United  States  to  liold  commerce  with  the  abori,ifinal  natives  of 
the  northwest  coast  of  Ameri(ta,  witliout  the  territorial  jurisdiction  of 
other  nations,  even  in  arms  and  ninnitions  of  war,  is  as  clear  and  indis- 
DUtable  as  that  of  naviyatiny-  the  seas.  That  rijfht  has  never  been  ex- 
ercised in  a  si)irit  untriendly  to  liussia;  and  althoujjh  {general  com- 
l)laints  have  occasionally  been  made  on  the  subject  of  this  commerce  by 
some  of  your  predecessors,  no  specilic  ground  of  charge  has  ever  been 
alleged  by  them  of  any  transaction  in  it  which  the  United  States  were, 
by  the  ordinary  laws  ami  usages  of  nations,  bound  either  to  restrain  or 
to  punish.  Had  any  such  charge  been  made,  it  would  have  received  the 
most  pointed  attention  of  this  Government,  with  the  sincerest  and 
firmest  disposition  to  perforin  every  act  and  obligation  of  justice  to 
yours  which  could  have  been  required.  I  am  commanded  by  the  Presi- 
dent of  the  United  States  to  assure  you  that  this  disposition  will  con- 
tinue to  be  entertained,  together  with  the  earnest  desire  that  the  har- 
monious relations  between  the  two  countries  may  be  preserved. 


•rammmmi 


208 


SEAL    FISHERIES    IN    BERING    SEA. 


Eelyiiig  upon  the  assurance  in  your  note  of  similar  dispositions 
reciprocally  entertained  by  His  Imperial  Msijesty  towards  the  United 
States,  the  President  is  persuaded  that  tlie  citizens  of  this  Union  will 
remain  unmolested  in  the  prosecution  of  their  lawfal  commerce,  and 
that  no  effect  will  be  given  to  an  interdiction  manifestly  incompatible 
with  their  rights. 
I  am,  etc., 

John  Quincy  Ada^is. 


No.  168. 


Mr.  Polctica  to  Mr.  Adams. 

Washington,  April  2, 1822. 

Mr.  Poletica  replied  on  the  2d  of  April  following,  and  after  again 
endeavoring  to  prove  the  title  of  Russia  to  the  northwest  coast  of 
America  from  Behriug  Straits  to  the  lifty-tirst  degree  of  north  lati- 
tude, said : 

"In  the  same  manner  the  great  extent  of  the  Pacific  Ocean  at  the 
fifty-first  degree  of  latitude  can  not  invalidate  the  right  which  Kussia 
may  have  of  considering  that  part  of  the  ocean  as  close.  But  as  the 
Imi)erial  Government  has  not  thought  fit  to  take  advantage  of  that 
riglit,  all  further  discussion  on  this  subject  would  be  u^le. 

"As  to  the  right  claimed  for  the  citizens  of  the  United  States  of  trad- 
ing with  the  natives  of  the  country  of  tiic  northwest  coast  of  America, 
Avithout  the  limits  of  the  jurisdiction  belonging  to  Eussia,  the  Imperial 
Government  will  not  certai'ily  think  of  limiting  it,  and  still  less  of  at- 
tacking it  there.  But  I  can  not  dissemble,  sir,  that  this  same  trade  be- 
yond the  fifty-first  degree  will  Uicet  witli  difliculties  and  inconveniences, 
for  which  the  American  owners  will  only  have  to  accuse  their  own  im- 
prudence after  the  publicity  which  has  been  given  to  the  measures  taken 
by  the  Imperial  Government  for  maintaining  the  rights  of  the  Itussian- 
Amerian  Company  in  their  absolute  integrity. 

"  I  shall  not  finish  this  letter  without  repeating  to  you,  sir,  the  very 
l)Ositive  assurance  which  I  have  already  had  the  honor  once  of  express- 
ng  to  you  that  in  every  case  where  the  American  Government  shall 
judge  it  necessary  to  make  explanations  to  that  of  the  Emperor,  the 
President  of  the  United  States  may  rest  assured  that  these  explana- 
tions will  always  be  attended  to  by  the  Eiiipero»',  my  august  sovereign, 
with  the  most  friendly,  and  consequently  the  most  conciliatory,  dispo- 
sitions." 


No.  109. 


Baron  Tuyll  to  Mr.  Adams. 

[Transliitiou.J 

Washington,  April  12  (24),  1823. 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary 

of  His  Majesty  the  Emperor  of  all  the  Uussias  near  the  United  States 

of  America,  has  had  the  honor  to  express  to  Mr.  Adams,  Secretary  of 

State,  the  desire  of  the  Emperor,  his  master,  who  is  ever  animated  by 


, 


SEAL    FISHKRIES   IN    BERING    SEA. 


209 


a  sincere  friendship  towards  tlie  United  States,  to  see  the  discussions 
that  have  arisen  between  the  cabinets  of  St.  Petersburg  and  Washing- 
ton, upon  some  provisions  contained  in  tlie  ukase  of  the  4th  (16th)  of 
September,  1821,  rehitive  to  the  Kussiau  possessions  on  the  northwest 
coast  of  America,  terminated  by  means  of  friendly  negotiation. 

ThCvse  views  of  His  Imperial  Majesty  coincide  with  the  wish  expressed 
some  time  since  on  the  part  of  the  United  States  iu  regard  to  a  settle- 
ment of  limits  on  the  said  coast. 

The  ministry  of  the  Emperor  having  induced  the  British  ministry  to 
furnish  Sir  Charles  Bagot,  ambassador  of  His  Majesty  the  King  of  Eng- 
land near  His  Imperial  Majesty,  with  full  powers  necessary  for  the 
negotiation  about  to  be  set  on  foot  for  reconciling  the  difficulties  ex- 
isting between  the  two  courts  on  the  subject  of  the  northwest  coast,  the 
English  Government  is  desirous  of  acceding  to  that  invitation. 

The  undersigned  has  been  directed  to  communicate  to  Mr.  Adams, 
Secretary  of  State,  in  the  name  of  his  august  master,  and  as  an  addi- 
tional proof  of  the  sentiments  entertained  by  His  Imperial  Majesty  to- 
wards the  President  of  the  United  States  and  the  American  Govern- 
ment, the  expression  of  his  desire  that  Mr.  Middleton  be  also  furnished 
with  the  necessary  powers  to  terminate  with  the  Imperial  cabinet,  by 
an  arrangement  founded  on  the  principle  of  mutual  convenience,  all  the 
differences  that  liave  arisen  between  Kussia  aud  the  United  States  iu 
consequence  of  the  law  published  September  4  (l(i),  1821. 

The  undersigned  thinks  ho  may  liope  that  the  Cabinet  of  Washing- 
ton will,  with  pleasure,  accede  to  a  i)roposition  tending  to  facilitate  the 
completion  of  an  arrangement  based  upon  sentiments  of  mutual  good 
will  and  of  a  nature  to  secure  the  interests  of  both  countries. 
He  profits,  etc., 

TUYLL. 


No.  170. 
Mr.  Adams  to  Baron  Tm/ll. 


Depart.ment  of  State, 

Wash  insjton,  May  7,  1823. 

The  undersigned,  Secretary  of  State  of  the  United  States,  has  sub- 
mitted to  the  {!onsi<ierati()n  of  tiie  President  the  note  which  he  iiad  the 
honor  of  receiving  iVoin  the  Baron  de  Tuyll,  envoy  extraordinary  and 
minister  i)lenii)otentiary  tVoin  His  Imperial  Majesty  the  Emperor  of  all 
the  Bnssias,  dated  the  12th  (24tli)  of  the  last  nionth. 

TIr'  nnde:\sigiied  has  been  directed,  in  answei  to  that  note,  to  assure 
the  Haron  de  Tuyll  of  the  warm  satisfaction  with  whi(;h  the  President 
recei\es  and  ap]»reciates  the  friendly  dispositions  of  His  Imperial 
Majesty  toward  the  United  States;  dis|)ositions  which  it  has  been,  and 
is,  tilt  earnest  desire  of  the  American  Governnu^nt  to  meet  with  corre- 
sponding returns,  and  which  have  been  long  ceujented  by  the  invariable 
friendship  ami  cordiality  which  have  subsisted  between  the  United 
States  and  His  Imperial  Majesty. 

Penetrated  with  these  sentiments,  and  anxiously  seeking  to  promote 
their  perpetuation,  the  President  readily  accedes  to  the  proposal  that 
the  minister  of  the  United  States  at  the  court  of  His  Inii)erial  Majesty 
should  be  furnished  with  powers  for  negotiating,  upon  principles  adapted 
to  those  sentiments,  the  adjustment  of  the  interests  au«l  rights  which 

S.  Ex.  100 14 


210 


SKAL    FI8HKRIES    IN    BERING    SEA. 


►.»  I 


have  been  broiij^lit  into  collision  ni>on  the  northwest  coast  of  America, 
and  which  have  heretofore  formed  a  subject  of  correspondence  between 
the  two  Governments,  as  well  at  \Vasliinj>ton  as  at  kSt.  Petersburg. 

The  undersi{;ne<l  is  further  commanded  to  add  that,  in  i)ursuin{f,  for 
the  adjustment  of  the  interests  in  question,  this  <!0urse,  equally  con<ienial 
to  the  friendly  feelings  of  this  nation  towards  Hussia  and  to  their  I'eliance 
ujKui  the  justice  and  inajiiianimity  of  his  Imperial  .^lan'sty,  the  President 
of  the  United  States  confides  that  the  arran{>ements  of  the  cabinet  of 
St.  Petersburg"  will  have  suspended  the  possil)ility  of  any  consequences 
resulting  from  the  uUase  to  which  the  iiaron  «le  Tuyll's  note  refers  which 
could  affect  the  just  lights  ami  the  lawful  comnier«;e  of  the  United  States 
during  the  amicable  (iiscnissiou  of  the  subject  between  the  Ciovernments 
respectively  interested  in  it. 
The  undersigned,  etc., 

John  (^iincv  .'■  dams. 


Xo.  171. 

Mr.  Ailaiiis  to  Mr.  MidiUeioii. 


No.  10.]  Department  of  State, 

\V((s:,i7ujton,  July  22,  1823. 

Sir:  I  have  the  honor  of  inclosing  herewith  copies  of  a  note  from 
Baron  de  Tuyll,  the  Kussian  miinster,  recently  arrived,  i)roposing,  on 
the  ])art  of  His  jVIajesty  the  Emperor  of  Jiussia,  that  a  power  should 
bo  transmitted  to  you  to  enter  upon  a  negotiation  with  the  ministers  of 
his  Government  concerinng  the  differences  which  have  arisen  from  the 
Imperial  ukase  of  4th  (10th)  September,  1«21,  relative  to  the  northwest 
coast  of  America,  and  of  the  answer  from  this  Department  acceding  to 
this  jnoposal.  A  full  ])ower  is  accordingly  inclosed,  and  you  will  con- 
sider this  letter  as  communicating  to  you  the  President's  instructions 
for  the  conduct  of  the  negotiation. 

From  the  tenor  of  the  ukase,  the  i)retention8  of  the  imperial  Govern- 
ment extend  to  an  exclusive  territorial  jurisdiction  from  the  forty-liftli 
degree  of  north  latitude,  on  the  Asiatic  coast,  to  the  latitude  of  flftyoue 
Dorth  »^n  the  western  coast  of  the  American  contiiient ;  and  they  as- 
sume the  right  of  interdicting  the  navigation  and  the  fishery  of  all  other 
nations  to  the  extent  of  100  miles  from  the  whole  of  that  coast. 

The  United  States  can  admit  no  part  of  these  claims.  Their  right  of 
navigation  and  of  fishing  is  perfect,  and  has  been  in  constant  exercise 
from  the  earliest  times,  after  the  peace  of  1783,  throughout  the  whole 
extent  of  the  Southern  Ocean,  subject  only  to  the  ordinary  exceptions 
and  exclusions  of  the  territorial  jurisdictions,  which,  so  far  as  Russian 
rights  are  concerned,  are  confined  to  certain  islands  north  of  the  fifty- 
fifth  degree  of  latitude,  and  have  no  existence  on  the  continent  of 
America. 

The  correspondent  between  Mr.  Poletica  and  this  Department  con- 
tained no  diwscussion  of  the  principles  or  of  the  facts  upon  which  he  at- 
tempted the  justification  of  the  Imperial  ukase.  This  was  purposely 
avoided  on  our  part,  under  the  exi)ectation  that  the  Imperial  Govern- 
mentcould  not  fail,  upon  a  review  of  the  measure,  to  revoke  it  altogether. 
It  did,  however,  excite  much  public  animadversion  in  this  country,  as 
the  ukase  itself  had  already  done  in  England.  I  inclose  herewith  the 
North  American  Review  for  October,  1822,  No.  37,  which  contains  an 


k-uuTica, 
between 

LUff. 

liii};,  for 
jusonial 
reliance 
resident 
ibinet  of 
qnences 
rs  which 
(1  Stiites 
rninents 


DAMS. 


,  1823. 

)te  from 
)sin<;',  on 
V  should 
listers  of 
from  the 
urthwest 
eding  to 
A'ill  con- 
;ructions 

Govern- 
)rty-tifth 
fifty  one 
they  as- 
all  other 

right  of 
exercise 
je  whole 
(jeptions 
Russian 

he  flfty- 
jneut  of 

eut  con- 
;h  he  at- 
irposely 
Govern- 
ogether. 
mtry,  as 
with  the 
tains  an 


SEAL    FISHERIES    IN    BERING    SEA. 


211 


article  (p.  370)  written  by  a  person  fully  master  of  the  subject ;  and  for 
the  view  of  it  taken  in  England  I  refer  you  to  the  fifty-second  number  of 
the  Quarterly  Review,  the  article  upon  Lieute  .ant  Ivotzebue's  voyages. 
From  the  article  in  the  North  American  Review  it  will  be  seen  that  the 
rights  of  discovery,  of  occupancy,  and  of  uncontested  jxjssession, 
alleged  by  Mr.  Poletica,  are  all  without  foundation  in  t\utL    *     *     * 

The  right  of  the  United  States  from  the  forty-second  to  the  forty-ninth 
parfillel  of  latitude  on  the  Pacific  Ocean  we  consider  as  un(|uestiohable, 
being  founded,  first,  on  the  acquisition,  by  the  trenty  of  February  22, 
1810,  of  all  the  rights  of  Si)ain  ;  second,  by  the  discovery  of  the  Co- 
lumbia River,  first  from  sea,  at  its  mouth,  and  then  by  land,  by  Lewis 
and  Clarke;  and  third,  by  the  settlement  at  its  mouth  in  1811.  This 
territory  is  to  the  United  States  of  an  importance  which  no  i)ossession 
in  North  America  can  be  to  any  European  nation,  not  only  as  it  is  but 
the  continuity  of  their  possessicuis  from  the  xVtlantic  to  the  Pacific 
Ocean,  but  as  it  otters  their  inhabiiiants  the  means  of  establishing  here- 
after water  communications  from  the  one  to  the  other. 

It  is  not  conceivable  that  any  possession  upon  the  continent  of  North 
America  should  be  of  use  or  importance  to  R  issiafor  any  other  purjjose 
than  that  of  irafiic  with  the  natives.  This  w«{is,  in  fact,  the  inducement 
to  the  formation  of  the  Russian  American  Company  and  to  the  charter 
granted  tiiem  by  the  Emperor  Paul.  It  was  the  induci'meiit  to  the 
uka.se  of  the  Emperor  Alexander,  liy  offering  free  an<l  ecpial  access 
for  a  term  of  years  to  navigation  and  intercourse  with  the  natives  to 
liussia,  within  the  limits  to  which  our  claims  are  indisputable,  we  con- 
cede much  moie  than  we  obtain.  It  is  not  to  be  doubted  that,  long  be- 
fore the  expiration  of  that  time,  our  settlement  at  the  mouth  of  the 
Columbia  River  will  become  so  considerable  as  to  ofier  means  of  useful 
commercial  intercourse  with  the  Russian  settlemenus  on  the  islands  of 
the  northwest  coast. 

With  regard  to  the  territorial  claim,  separate  from  the  right  of  traffic 
with  the  natives  and  from  any  system  of  colonial  exclusions,  we  are  will- 
ing to  agree  to  the  boundary  lihe  within  which  the  Emi>eror  Paul  had 
granted  exclusive  ])rivileges  to  the  Russian-American  Company,  that  is 
to  say,  latitude  55°. 

If  the  Russian  Government  ap[)rehend  serious  iinjonvenience  from  the 
illicit  tratlic  of  foreigners  with  their  settlements  on  the  northwest  coast, 
it  may  be  eiiectually  guarded  against  by  stipidations  similar  to  those, 
a  draft  of  which  is  herewith  subjoined,  and  to  which  you  are  authorized, 
on  the  part  of  the  United  States,  to  agree.  *  •  • 
I  am,  etc., 

John  Quincy  Adams. 


[Incloaiire. 


Draft  of  treaty  betueen  the  United  States  and  Rtusia. 

Art.  I.  In  order  to  strengthen  the  bonds  of  friendsliip,  and  to  preserve  in  future  a 
perfect  harmony  and  yood  untUir.staiidinjj;  between  the  t'ontractinjj  parties,  it  is  agreed 
that  their  respective  citizens  and  subjeets  shall  not  bo  disturbed  or  molested,  either 
in  navigating  or  in  carrying  on  tlitMr  fisheries  in  tlio  Pacific  Ocean  or  in  the  South 
Seas,  or  in  landing  on  the  coasts  of  those  seas,  in  |)lacus  not  already  occupied,  for  the 
purpose  of  carrying  on  their  comnierce  with  tlie  nativesof  the  country;  sultject,  never- 
theless, to  the  restrictions  and  (trovisions  sjiecified  in  the  two  following  articles. 

Akt.  II,  To  tlieend  that  the  jwivigation  and  fisherv  of  the  citizens  and  subjects  of 
the  (!ontracting  parties,  respectively,  in  the  Pacific  Ocean  or  in  the  South  Seas,  may 


212 


SEAL   FISHERIES    IN    BERING    SEA. 


not  be  iiKule  a  pretext  for  illicit  trade  witli  tlieir  respective  settliMuents,  it  i;,  agreoij 
that  the  citizens  of  the  United  States  shall  not  land  on  anj'  i)art  of  the  coast  actnally 
occupied  by  Russian  settlements,  unless  by  ])ermission  of  the  governor  or  commander 
thereof,  and  that  Russian  subjects  shall,  iu  like  manner,  be  interdicted  from  laudiug 
without  permission  at  any  settlement  of  the  United  States  on  the  said  northwest  coast. 
Art.  III.  It  is  agreed  thac  no  settlement  shall  be  made  hereafter  on  the  northwest 
coast  of  America  by  citizens  of  the  United  States  or  under  their  authority,  north,  nor 
by  Russian  subjects,  or  ander  the  authority  of  Russia,  south  of  the  fifty-fifth  degree 
of  north  latitude. 


No.  172. 


Mr.  Adams  to  Mr.  limh. 


Department  of  State, 
No.  70.]  Washington,  July  22,  1823. 

Sir:  Among  the  subjects  of  negotiatiou  with  Great  Britain  which 
are  pressing  upon  the  attention  of  this  Government  is  the  present  con- 
dition of  the  northwest  coast  of  this  continent.  This  interest  is  con- 
nected, in  a  manner  becoming  from  day  to  day  more  important,  with 
our  territorial  rights;  witli  tlie  whole  system  of  our  inter<!0urse  with 
the  Indian  tribes ;  with  the  boundary  relations  between  us  and  the 
British  North  American  dominions ;  with  the  fur  trade;  the  tisheriesiu 
the  Pacytic  Oceati ;  the  commerce  with  the  Sandwich  Islands  and  China; 
with  our  boundary  upon  Mexico;  and,  lastly,  witii  our  political  stand- 
ing and  intercourse  with  the  Kussian  Emi)ire.        #        *        # 

By  the  ukase  of  the  Emperor  Alexander,  of  the  4th  (Kith)  of  Sep- 
teraber,  1821,  an  exclusive  territorial  right  on  the  northwest  coast  of 
America  is  asserted  as  belonging  to  Russia,  and  as  extending  from  the 
northern  extremity  of  the  continent  to  latitude  51°,  and  the  navigation 
and  fishery  of  all  other  nations  are  i\Jterdicted  by  the  same  ukase  to  the 
extent  of  100  Italian  miles  froui  the  <ioast. 

When  Mr.  Poletica,  the  late  Russian  'minister  here,  was  called  upon 
to  set  forth  the  grounds  of  right  conformable  to  the  la\^  s  of  nations 
which  authorized  the  issuing  of  this  decree,  he  answered  in  his  letters 
of  February  28  and  Aj)ril  2,  1822,  by  alleging  first  discovery,  occupancy, 
an  1  uninterru])ted  possession.    "■"     *    * 

The  United  Statess  and  Great  Britain  have  both  protested  against  the 
Eussian  imperial  ukase  of  September  4(10),  1821. 

At  the  projjosal  of  the  Russian  Government  a  full  power  and  instruc- 
tions are  now  transmitted  to  Mr.  Middleton  for  the  adjustment,  b^"  ami- 
cable negotiation,  of  the  conflioting  claims  of  the  parties  on  this  subject. 

We  have  been  informed  by  the  Baron  de  Tuyll  that  a  similar  author- 
*ity  has  been  given  on  the  part  of  the  British  Government  to  Sir  Charles 
Bagot.    »     *    * 

The  principles  settled  by  the  Nootka  Sound  convention  of  October 
28,  1790,  were— 

(1)  That  the  rights  of  fishery  in  the  South  Seas,  of  trading  with  the 
natives  of  the  northwest  coast  of  America,  and  of  making  settlements 
on  the  coast  itself  for  the  purj)()ses  of  that  trade,  north  of  the  actual 
settlements  of  Spain,  were  common  to  all  the  European  nations,  and  of 
course  to  the  United  States. 

(2)  That  so  far  as  the  actual  settlements  of  Spain  had  extended  she 
possessed  the  exclusive  riglits,  territorial  and  of  navigation  and  fishery, 
extt  tiding  to  the  distance  of  10  miles  from  the  coasts  so  actually  occu- 
pied. 


SEAL    nSlIKRlES    IX    BERING    SEA, 


213 


(3)  That  oil  tUo  coasts  of  South  America,  and  the  adjacent  ishmds .  outli 
of  the  i)ait8  already  occupied  by  Si)ain,  no  settlement  should  thereafter 
be  made  either  by  British  or  Spanish  subjects,  but  on  both  sides  should 
be  retained  the  liberty  of  landinfj  and  of  erecting  temporary  buildings  for 
the  purposes  of  the  fishery.  These  rights  were,  also,  of  course  enjoyed 
by  the  people  of  the  United  States. 

The  exclusive  rights  of  Spain  to  any  part  of  the  American  continents 
have  ceased.  That  portion  of  the  convention,  therefore,  which  recognizes 
the  exclusive  colonial  right  of  Spain  on  these  continents,  though  con- 
firmed, as  between  Great  Britain  and  Spain,  by  the  first  additional  article 
to  the  treaty  of  the  5th  of  July,  1814,  has  been  extinguished  by  the  fact 
of  the  independence  of  the  South  American  nation  and  of  Mexico. 
Those  independent  nations  will  possess  the  rights  incident  to  that  condi- 
tion, an«l  their  territories  will,  of  course,  be  subject  to  no  exclusive  right 
of  navigation  in  their  vicinity,  or  of  access  to  them  by  any  foreign  na- 
tion.   *     *    » 

The  right  of  carrying  on  trade  with  the  natives  throughout  the  north- 
west coast  they  (the  United  States)  can  not  renounce.  With  the  Rus- 
sian settlements  at  Kodiak,  or  at  New  Archangel,  they  may  fairly  claim 
the  advantage  of  a  free  trade,  having  so  long  enjoyed  it  unmolested,  and 
because  it  has  been  and  would  continue  to  be  as  advantageous  at  least 
to  those  settlements  as  to  them.  But  they  will  not  contest  the  right  of 
Bussia  to  prohibit  the  traffic,  as  strictly  confined  to  the  Russian  settle- 
ment itself,  and  not  extending  to  the  original  natives  of  the  coast.  ♦  ♦  • 
I  am,  etc., 

John  Quincy  Adams. 


No.  173. 


Mr.  MiddUton  to  Mr.  Adams. 


In  Mr.  Middleton's  dispatch  No.  35,  of  the  19th  of  April,  1824,  are 
inclosed  minutes  of  the  conferences  that  preceded  the  signature  of  the 
reaty. 

The  first  conference  took  place  on  the  9th  of  the  preceding  February, 
and  Mr.  Middleton  submitted  the  following  draught  of  a  convention : 

"Art.  I.  In  order  to  strengthen  the  bondu  of  friendship  and  to  preserve  in  future 
a  perfect  harmony  and  good  understanding  between  the  high  contracting  parties,  it 
is  agreed  that  their  respective  citizens  and  subjects  shall  not  be  disturbed  or  molested 
either  in  navigating  or  in  carrying  on  their  fisheries  in  any  part  of  the  great  ocean 
vulgarly  called  the  Pacific  or  South  Sea,  or  in  landing  on  the  coasts  thereof  in  places 
not  already  occupied,  for  the  purpose  of  carrying  on  their  commerce  with  the  natives 
of  the  country,  subject,  nevertheless,  to  the  restrictions  and  provisions  specified  in  the 
following  articles. 

"Akt.  II,  To  the  end  that  the  navigation  and  fisheries  in  the  great  ocean  carried  on 
by  citizens  and  subjects  of  the  high  contracting  i»artie8  may  Tiot  be  made  a  pretext 
for  illicit  trade  with  their  respective  settlements,  it  is  agreed  that  the  citizens  of  the 
United  States  shall  not  land  on  any  part  of  the  coast  actually  occupied  by  Russian 
settlements,  unless  by  peruiissiou  of  the  governor  or  commandant  thereof;  and  tliat 
Russian  subjects  shall,  in  like  manner,  be  interdicted  from  landing  without  permis- 
sion at  any  settlement  of  the  United  States  on  the  northwest  coast, 

"  Aht,  III.  It  is  further  agreed  that  no  settlement  shall  be  made  heveafter  on  the 
northwest  coast  of  America,  or  on  any  of  the  islands  adjacent  thereto,  north  of  the 
lifty-ttf'th  degree  of  north  latitude,  by  citizens  of  the  United  States,  or  under  their 
authority;  nor  by  Russian  subjects,  or  under  the  authority  of  Russia,  south  of  the 
same  parallel  of  latitude." 


214 


si:al  fisheries  in  keuing  sea. 


At  the  second  conference,  wliicli  was  on  the  20th  of  February,  Count 
Nesaelrode,  who  was  ace  )rapanied  by  Mr.  Poletica,  gave  Mr.  Middletou 
the  following  counter-driught: 

[Translation.] 

"Akt.  I.  To  comoiit  the  bonds  of  amity,  and  to  Heciire,  for  the  future,  a  good  under- 
Btandiiig  and  a  perfect  concord  between  the  high  contracting  powers,  it  is  agreed  that, 
in  any  part  of  the  great  ocean,  commonly  called  the  Pacific  Ocean,  or  Soiitli  8ea,  the 
respective  citizens  or  subjects  shall  be  neither  disturbed  nor  restrained,  either  in  nav- 
igation or  in  fishing,  or  in  the  power  of  resorting  to  the  coasts  upon  points  whicii  may 
not  already  be  occupied,  for  the  ])urpose  of  trading  with  the  natives;  saving,  always, 
the  restrictions  and  conditions  determined  by  the  following  articles. 

"Akt.  II.  With  tlie  view  of  jtroventiug  the  rights  of  navigation  and  of  fiHhiiig,'ex- 
ercised  upon  the  great  ocean  by  the  citizens  and  subjinits  of  the  iiigh  contracting 
powers,  from  becoming  the  pn^text  lor  ar.  illicit  trade  with  their  respective  es- 
tablishuK  iits,  it  is  agreed  that  the  citizens  of  tlu>  United  States  shall  not  resort  to 
any  ]»art  of  the  coasts  already  occu])ied  by  Knssian  esfal)lisliments,  or  li<lon(/iii(/  to  I'nx- 
sia,  from  tin-  line  of  dcmarcolion  pointtd  out  ni  the  nrHcle  brlii>i\  without  the  i)eniiissiou 
of  the  governor  or  commander  of  sdid  establislimenls  ;  jiiid  that  veci])rocally,  thd  trnh- 
jects  of  Russia  shall  not  resort,  witliout  permission,  to  iiny  establishment  of  the 
Uniteil  States  upon  tlu)  ni>rth\vest  coast,  /rom  tiic  n'tinr  Hiuoi'  demnrcutioii. 

"Akt.  III.  It  is,  moreovt-r,  agreed  that,  in  tlie  li'siifcti vc  jtossessionsof  tli((  two  high 
powers  oil  the  northwest  (^oast  of  Ameiica.  or  in  any  <it'  llie  adjuceiit  islands,  there 
shall  not  be  formed  by  the  citizens  of  the  I'nited  Stati's,  (ir  under  the  aiitiioiity  of 
the  said  States,  any  e,stal)lislnneiits  to  tlie  north  of, ^)4-' -lO'  of'iortli  latilnde;  and  that, 
in  tile  same  maniiei',  there  shall  be  none  formed  by  Uiissian  siibjecls,  or  uiidiT  the 
authority  of  Knssiii,  to  the  south  of  the  same  parallel. 

"  [With  admission  of  American  vessels  to  New  Archangel.]" 

As  to  this  countor-drunght,  Mr.  Middleton'.s  miiuitos  of  the  second 
conference  contain  the  following: 

"1  observed  that  the  insertion  in  the  second  article  was  utterly  inad- 
missible, as  repugnant  to  the  stipulations  of  the  former  article,  aiul  that 
instead  of  the  admission  of  American  vessels  solely  to  ^Tew  Archangel, 
in  the  third  article,  1  should  propose  the  commercial  principle  adopted 
by  the  United  States  and  England  upon  the  same  coast  (indiscriminate 
admission,  etc.,  for  a  hmited  period).  Tiitit  I  must  wow  frankly  tell 
them  that  my  instructions  required  that  I  should  obtain  two  points  as 
necessary  conditions  to  the  third  object  conten)plated  by  the  projet  of 
convention :  First,  the  revocation,  either  spontaneous  or  by  conven- 
tion, of  the  maritime  provisions  of  the  ukase  of  September  4(16),  1821 ; 
secondly,  the  adoption  of  the  commerciai  princijde  (or  something  sim- 
ilar) agreed  upon  between  the  United  States  and  (rreat  Britain,  in  their 
convention  of  1818,  in  relation  to  these  coasts ;  thirdly,  that,  these 
preliminaries  being  settled,  a  territorial  delimitation  for  settlements  at 
55°  might  be  agreed  upon. 

"Ui)on  tliia  Mr.  Poletica  assured  me,  with  a  strong  asseveration,  that 
he  would  never  be  brought  to  sign  an  instrument  containing  the  j)iin- 
ciplo  of  free  admission  for  our  sliips  to  their  coasts,  whatever  the  count 
might  think  proper  to  do.  He  continued  to  argue  warmly  against  any- 
thing of  the  kind.  I  rei>lie(l  somewhat  at  length,  and  concluded  by 
saying  that  unless  he  could  be  brought  to  change  Ins  mind  upon  this 
point,  it  was  more  than  i>robable  we  should  be  able  to  do  nothing. 
Russia  must  then  be  content  to  keej)  her  ukase,  and  other  nations 
would  onlj'  have  to  see  what  means  tliey  may  possess  of  carrying  on 
the  northwest  trade  in  spite  of  it.  The  count  took  no  share  in  this 
aparte  discussion,  and  when  it  concluded  I  told  him  that  I  should  take 
his  contreprojct  home  with  me  to  consider  it  and  make  such  further 
propositions  as  reflection  should  suggest.  We  agreed  to  meet  again  in 
three  days." 


., 


mmmfft 


SEAL    FISHERIES    IN    BERING    SEA. 


215 


. 


At  tlie  fourth  conference,  which  was  or.  the  8th  of  Miirch,  Mr.  Mid- 
dleton  Hubuiitted  to  Count  Nesselrode  the  following  paper: 

[Translation.] 

"  The  dominion  can  not  be  acquired  but  by  a  real  occupation  am!  pos- 
session, and  an  intention  (animus)  to  establish  it  is  by  no  means  suffi- 
cient. 

"Now,  it  is  clear,  according  to  the  facts  established,  that  neither 
Eussia  nor  any  other  European  power  has  the  right  of  dominion  upon 
the  continent  of  America  between  the  fiftieth  and  sixtieth  degrees  ot 
north  latitude. 

"Still  less  has  she  the  dominion  of  the  adjacent  maritime  territory, 
or  of  the  sea  which  wfishes  tbese  coasts,  a  dominion  which  is  only  ac- 
cessory to  the  territorial  dominion. 

"Therefore  she  has  not  the  right  of  exclusion  or  of  admission  on  these 
coasts,  nor  in  these  seas,  which  are  tree  seas. 

"The  right  of  navigating  all  the  free  seas  belongs,  by  natural  law, 
to  every  indei)endent  nation,  and  even  constitutes  an  essential  part  of 
this  indejjendeuire. 

"The  United  States  have  exercised  navigation  in  the  seas,  and  com- 
merce upon  the  coasts  above  mentioned,  from  the  time  of  their  inde- 
pendence; and  they  have  a  i)erfect  rigiit  to  this  navigation  and  to  this 
commerce,  and  they  can  only  be  deprived  of  it  by  their  own  act  or  by  a 
convention." 

What  then  transi)ired  at  the  c»  erence  Mr.  ]Middleton's  notes  relate 
as  follows : 

"  Having  read  this  with  attention,  he  (Count  Xesselro(b^)  exclaimed, 
'  Well,  here  is  a  convention.  We  must  see  if 't  \y  not  i)ossible  to  come 
to  an  arrangement.'  He  then  stated  that  there  could,  however,  now  re- 
main only  one  means  of  accommodating  the  existing  difference.  This 
he  would  state  hypothetically  (supposing  the  possibility  of  the  Emper- 
or's permitting  the  stipulation  of  a  free  trade  for  ten  years  to  be  agreed 
to).  It  was  a  proposition  which,  perhaps,  would  be  made  to  me  at  a 
future  meeting.  It  would  be  intended  to  prohibit  the  trade  in  fire  arms 
and  ammunition.  He  went  into  a  recapitulation  of  the  complaints  of 
Mr.  Daschkoff  iind  Count  Pahlen,  on  account  of  the  injuries  arising  from 
the  fire-arms  furnished  to  the  natives  by  our  citizens.  I  took  occasion 
here  to  declare  that  all  these  proceedings  of  the  Jlussian  Government 
were  founded  in  erroneous  impressions,  and  arose  from  their  having 
improperly  conceived  that  they  had  a  right  to  regulate  our  comn)erce 
upon  a  coast  which,  being  unoccupied,  was  free  ami  open  to  all  luitions. 
It  was  clear  that  they  had  no  right  to  demand  any  regulation  of  the 
kind.  He  replied,  they  did  not  now,  of  course,  expect  any  arrangement 
which  should  not  be  marked  by  reciprocity.  1  remarlced  that  any  re- 
striction of  the  kind  would  be  in  many  respects  liable  to  objections. 
That  the  first  which  presented  itself  to  my  mind  was,  that  sucli  a  regu- 
lation could  not  be  carried  into  effect  v.ith;)ut  admitting  a  right  of  search 
which  was  wholly  inadmissible  in  time  of  i)eace.  He  rei)lied,  tliey  had 
no  intention  of  proposing  anything  of  the  kind,  for  that  they  would  be 
satisfied  with  the  right  of  making  representations  to  our  Government, 
i  case  of  the  infraction  of  the  regulation  which  should  be  adopted,  by 
our  traders." 

What  occurred  at  subsequent  conferences  is  stated  in  Mr.  Middletous' 
minutes  as  follows : 

"  Considerable  delay  occurred  after  the  conference  of  the  8th  March, 
occasioned  partlj",  as  I  understood,  by  the  indisposition  of  the  Emperor, 


■Ml 


-Hi 


216 


SEAL    FISHERIES    IX    BHUING    SEA. 


and  partly,  too,  as  I  snpposod,  to  jjivo  time  for  consultation  with  the 
directors  of  the  Kussian  American  ('onipany.  At  lenj2fth,on  the  morn- 
iiifj  of  the  L'Ud  Man;!),  Mr.  I'oletica  called  upon  nie  and  stated  that  he  had 
now  a  jtroject  tootier  on  the  ])art  of  his  Government  (see  paper  lettered 
L)  and  that  he  would  leave  it  with  me  for  consideration.  Among  other 
things,  he  observed  that  the  prohibition  of  a  trade  in  arms  aiul  ammu- 
nition would  be  a  sine  qua  mm,  and  that  the  Emperor  wished,  in  views 
of  benevolence,  to  add  thereto  all  kinds  of  spirituous  liquors.  This 
was  contirmed  to  me  by  Count  Nesselrode'a  note  of  20th  March  (see 
paper  lettered  M).  Mr.  Poletica  stated  that  Count  Nesselrode  proposed 
to  receive  me  on  Monday,  the  24th  instant,  at  his  house  at  1  o'clock  p.  m. 

"Accordingly  1  attended  on  Monday,  th<^  24th  March,  and  offered  the 
projet  lettered  N.  The  argument  this  day  turned  generally  upon  the 
restrictions  proposed  to  be  imposed  upon  the  trade.  The  sale  of  arras 
to  the  savages,  whose  blind  passions  are  unrestrained  by  any  moral  tie, 
must  be  equally  pernicious  to  themselves  and  all  who  come  within  their 
reach.  The  greatest  objection  to  tliis  prohibition  appeared  to  me  to  be 
that  the  restriction  may  be  converted  into  a  pretext  for  vexations  upon 
our  commerce,  if  seizure  or  confiscation  were  permitted;  and,  on  the 
other  liand,  it  seemed  likely  that  all  other  modes  of  carrying  the  prohi- 
bition into  effect  would  prove  nugatory.  1  had  been  told,  however, 
that  they  would  be  satisfied  with  its  interdiction  under  such  ])enalties 
as  we  might  think  proper  to  impose;  that  in  case  of  infraction  they 
would  content  themselves  with  representations  to  the  Government;  but 
that,  finally,  the  measure  was  a  sine  qua  non.  In  order  to  meet  this 
proposition,  I  had  drawn  nj)  the  article  as  it  stands  in  the  projet,  as, 
upon  the  whole,  1  concluded  that  our  Government  will  probably  con- 
sider the  proposal  as  less  objectionable  than  at  a  former  period,  from 
considerations,  at  least,  of  reciprocity,  now  that  we  have  an  acknowl- 
edged territory  upon  the  western  coast,  and  when,  too,  it  might  per- 
haps be  unavailing  to  attempt  to  resist  the  claims  of  liussia,  likely  so 
soon  to  be  fully  acknowledged  by  Great  Britain. 

"  On  the  28th  Mr.  Poletica  brought  me  the  projet  lettered  O.  It  now 
appeared  to  me  that  the  latter  ])art  of  the  fourth  article,  'that  the  recip- 
rocal right  shall  cease,'  etc.,  had  still  too  much  the  ajjpearauce  of  a  sub- 
stantive stipulation,  although  1  had  changed  it  from  an  entire  article 
in  their  projet  ot  the  22d  of  March,  so  as  to  stand  as  an  accessorj^  to 
the  preceding  stipulation  of  an  open  trade.  In  the  fifth  article,  their 
expression  'of  arbitrary  measures 'did  not  appear  tc  v::^  to  be  suflB- 
ciently  precise,  as  it  left  them  at  liberty  to  adopt  regulations  and  to 
carry  them  into  effect,  because  it  could  not  be  said  that  such  regula- 
tions were  arbitrary.  For  these  reasons  I  proposed  at  our  meeting  on 
the  31st  that  the  fourth  and  fifth  articles  should  stand  as  set  forth  in 
the  projet  lettered  P. 

"The  tburtb  article  became  the  subject  of  warm  debate  during  the 
three  meetings  upon  the  3Ist  of  March  and  the  1st  and  2d  of  April,  at 
the  last  of  which  they  proposed  that  I  should  sign  a  protocol  of  the 
tenor  of  that  lettered  Q.  This  was  refused  by  me  as  asserting  what 
was  evidently  untrue,  to  wit,  that  the  two  forms  specified  therein  meant 
the  same  thing ;  but  I  consented  to  sign  another  protocol,  of  which  one 
of  the  originals  is  forwardMl  herewith,  lettered  R.  The  protocol  of 
signature  is  lettered  S,  and  the  convention  T. 

"Such  is  the  sum  and  subst-^nce  of  what  j)as8ed  in  our  conferences, 
as  extracted  from  the  shoit  notes  I  made  directly  after  each  meeting. 
If  it  should  appear  to  be  meager  and  desultory,  this  must  be  accounted 
for  from  the  circumstance  that  we  had  set  out  disclaiming  all  regular 


SEAL    FISHKUIK.S    IN    HKKING    SEA. 


217 


discussion  of  rif^lit  or  of  fact;  and  if  anytliinjj  aitproachinj;"  to  it  was 
resorted  to,  it  was  only  wlicn  I  dctMiicd  some  statcMntMit  absolutely  neces- 
sary tosuj>portonr  |)r('tensi()ns;  hut  in  j^eneral  every  tliin<;  of  the  nature 
of  discussion  a|>i)eared  to  bo  carefully  avoided  by  the  adversary." 


[Inclosuro  L  Id  Mr.  Midillcton's  No.  aS.— Trnnslalion.] 
I'rojet  of  liitsnia  of  March  '-i'i. 

HIh  M.ijesty  tlio  Etiipeior  of  all  the  Russias,  and  tlie  Govenuiient  of  tlio  United 
States  of  America,  wishing  to  cement  the  bonds  of  amity  wliicii  nnite  them,  and  to 
secnre  between  them  the  invariable  maintenance  of  a  jierfeet  concord,  by  means  of 
the  present  convention,  have  named  as  tlieir  phMiipo^'Mitiaries  to  this  ert'eet,  to  wit : 
His  Majesty  the  Emperor  of  all  the  Riissias,  his  beloved  and  fuithfnl  Charles  Robert, 
Connt  of  Nesselrode,  &c.,  and  Pierre  de  Poleticu,  &c,,  and  the  Governmenr  of  tlie 
United  States  of  America,  Henry  Middleton,  esij.,  Ac.,  who,  after  having  exchanged 
their  fnll  powers,  fonnd  in  good  and  dne  form,  have  agreed  npon  and  signed  tbo 
following  stipnlations: 

Akt.  I.  It  is  agreed  that  in  any  ]tart  of  the  great  ocean,  commonly  called  the  Pa- 
cific Ocean,  or  Sonth  Sea,  the  resj)ective  citizens  and  snbjects  of  the  liigh  contracting 
parties  shall  be  neither  disturbed  nor  restrained  either  in  navigaticm  or  in  fishing,  or  in 
the  pow(T  of  resorting  to  thecoawts  n]»on  points  which  nniy  not  already  be  occupied 
for  the  purpose  of  trading  with  the  natives,  saving  always  the  restrictions  and  con- 
ditions determined  by  the  following  articles. 

Akt.  il.  With  a  view  of  ]treventiMg  the  rights  of  n.avigation  and  of  fishing,  exer- 
cised upon  the  great  ocean  by  the  citizens  and  subjects  of  the  high  contracting  par- 
ties, from  becoming  the  ))retext  for  an  illicit  trade,  it  is  agreed  that  the  citizens  of  the 
United  States  shall  not  r»  sort  to  any  point  of  the  coasts  already  occupied  by  Russian 
establishments,  without  the  permissi«ui  of  the  governor  or  commander  of  said  estal)- 
lishments;  and  that,  reciprocally,  the  subjt^cts  of  Russia  shall  not  resort,  without 
permission,  to  any  establishment  of  the  United  States  npon  the  northwest  coast. 

Art.  III.  It  is  moreover  agreed  that,  in  the  respective  ;)ossessions  of  the  two  high 
powers  upon  the  northwest  (toast  of  America  or  in  any  of  the  adjacent  islands,  there 
shall  not  be  formed  by  the  citizens  of  the  United  States,  or  under  the  autliority  of  the 
said  States,  any  establishment  to  the  north  of  .')4'^  40'  of  north  latitude;  and  that,  in 
the  same  manner,  there  shall  be  none  formed  by  Russian  smibjects,  or  under  the  authority 
of  Russia,  to  the  south  of  the  same  parallel. 

Art.  IV.  It  is,  nevertheless,  understood  that  the  vessels  of  the  two  powers,  or 
which  belong  to  their  respective  citizens  or  subjects,  may  reciprocally  frequent,  with- 
out any  hindrance  whatever,  the  interior  seas,  gulfs,  harbors,  and  creeks  in  the 
possession  of  Russia  and  of  the  United  States  of  America  on  the  northwest  coast,  for 
the  purpose  of  fishing  and  trading  with  the  natives  of  the  country. 

Art.  V.  This  reciprocal  right  of  fishing  and  of  trad*?  is  only  granted  for  a  term  of 
ten  years  from  the  date  of  the  signing  of  the  present  convention,  at  the  end  of  which 
t«rm  it  shall  cease  on  both  sides. 

Art.  VI.  i^roni  this  time  tire-arms,  other  arms,  powder  and  munitions  of  war  of 
every  kind  are  always  excepte<l  from  this  same  commerce,  which  the  two  powers  en- 
gage not  to  sell  nor  allow  to  l»e  sold  to  the  natives  by  their  respective  citizens  and 
subjects,  nor  by  any  person  who  may  be  under  their  authority. 

Art.  VII.  The  present  convention  shall  be  ratified,  and  the  ratifications  thereof 
shall  be  exchange<l  at  St.  Petersburg  in  the  space  of . 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  it  and  thereto  affixed 
the  seal  of  their  arms. 

Done  at  —  tbo  —  of  the  year  of  grace  1824. 


[Iiiclosure  M  in  Mr.  ''Aiddleton'B  No.  35. — Translation.] 

.    Count  Xes  eirode  to  Mr.  Middleton. 

St.  Petersburg,  March  20,  1824. 
The  undersigned,  actual  privy  counsellor,  secretary  of  state  directing  the  admin- 
istration of  foreign  afi'airs,  has  the  honor  to  mention  to  Mr.  Middleton,  envoy  extra- 
ordinary and  minister  plenipotentiary  of  the  United  States  of  America,  the  desire 
which  the  Emperor  had  of  seeing  arms,  munitions,  and  spirituous  liquors  excepted 
from  the  articles  of  which  the  reciprocal  trade  miirht  be  declared  free  during  ten 


218 


SEAL    FISHERIKS    IN    BKRING    SEA. 


years  with  tlio  iiativeHof  tlio  northwest  coaHt  of  America,  by  the  couveiitioii  which 
RuHHiiV  ami  tlio  Uiiitud  StatoN  nni  upon  the  ])oiiit  ot'itoiicliKliiig. 

The  iiiidorm^iKHl  haHteiiH  to  aHsiire  Mr.  Mitltlleton,  by  writing,  that  the  imimMliate 
prohibition  of  the  trade  in  arniH  and  niiinitionH  with  thti  iiativeH  \»  a  condition  to 
which  His  Imperial  Majesty  attiifhcs  the  hijrhest  importance,  a  condition  the  absence 
of  which  would  not  permit  him  to  fj;ive  his  assent  to  the  rt(st  of  the  treaty. 

As  to  the  itrohibition  of  the  trade  in  spiritnons  li([nors  the  Emperor  eajjerly  desires 
that  itshonid  be  ])r<m<ninced,  and  lie  does  not  donbt  that  Mr.  Middleton  an<l  the  Gov- 
ernment of  the  United  States  [will]  receive  in  the  most  favorable  manner  this  wish, 
dictated  by  motives  of  hnmanity  and  morality. 
The  unilersi<;ned,  etc., 

Nesmki.kuuk. 


(Tnolosiire  N  in  Mr.  Mlddloton's  No.  .35.  — TranHlntton.} 
Vrojet  of  the  United  States  of  March  '^4. 

His  Miije.sty  tlie  Enii»eror  of  all  tlm  Riinsias  iuid  the  Tresident  of  the  United  States 
of  America,  wisliiiij^  to  cement  the  Itonds  of  amity  whieli  unite  them,  and  to  secure 
between  tlieni  the  invariable  maintenance  of  a  peitect  concord,  l)y  means  of  the 
present  <!r)nv(Mition,  have  named  as  rhcsir  jdenipotentiaries  to  this  elfecjt,  to  wit :  His 
Majesty  the  Kuiperor  of  all  the  K'ussias,  his  lieloved  and  fnithful  Charles  Robert, 
Count  of  Nes.stiliode,  etc.,  and  Pierre  de  Pohitica,  et(!.,  and  tlie  I'residcMit  of  the 
United  Slates  of  America,  lleniy  Middleton,  a  citizen  of  said  States,  and  their  envoy 
oxtraordiiiiiry  and  niiuister  plenipotentiary  near  His  Imi)ei'ial  Miijesty  ;  who,  iifter 
liavinj;  exelianjicd  tlu'ir  full  powers,  found  in  yood  and  ilue  form,  have  ajfreed  upon 
and  slj^ne<l  the  following  stipulations  : 

Art.  I.  It  is  ajjtreed  tliat  iu  any  part  of  the  great  ocean,  commonly  called  the  Pa- 
cific Ocean,  orSoutii  Sea,  the  respective  eiti/ensand  snl)J(!i(s  of  the  hijj;h contracting 
parties  shall  be  neither  disturbed  nor  restr.iintMl  eitlier  in  navi;;fati(in  or  in  fishinjj;,  or 
in  the  jjower  of  resortinj^  to  the  (toasts  uj»on  ])oints  which  may  not  already  l»e  occu- 
pied for  the  purpose  of  tradinjr  with  tlie  natives,  saving  always  the  restrictions  and 
coinlilions  «letermiiied  by  the  following  articles. 

Aur.  II.  With  the  view  of  jjreventiiig  the  right."  of  navigation  and  of  fishing,  exer- 
cised ni)t)n  the  great  (»eean  by  the  citizens  and  sul>jeets  of  the  high  contracting  pow- 
ers, from  becoming  the  in-etext  for  an  illicit  trade,  it  is  agreed  that  the  citizensof  the 
United  States  shall  not  resort  to  any  point  where  there  is  a  Knssian  establishment, 
without  the  [lerniission  of  the  jjovernor  or  commander ;  ami  tiiat,  reciprocally,  the  sub- 
jects of  Russia  sh.all  not  resort,  without  permission,  to  any  establishment  of  the 
United  States  upon  the  northwest  coast. 

Art.  III.  It  is  moreover  agreed  that,  hereafter,  there  shall  not  be  formed  by  the 
citizens  of  the  United  States,  or  under  the  authority  of  the  said  States,  any  estab- 
lishment u|)on  the  northwest  coast  of  Am(>rica,  nor  in  any  of  tiie  islands  adjacent,  to 
the  north  of  .^)4^  40'  of  north  latitude;  and  that,  in  the  same  manner,  there  shall  be 
none  formed  by  Russian  subjects,  or  under  tlio  authority  of  Russia,  to  the  south  of 
the  same  parallel. 

Art.  IV.  It  is,  nevertheless,  nnderstood  that  the  vessels  of  the  two  powers,  or  which 
belong  to  their  citizens  orsultjects,  respectively,  may  reciprocally  frequent,  without 
any  hindrance  whatever,  the  interior  seas,  gulfs,  harbors,  and  creeks  upon  the  said 
coast  for  the  purjiose  of  lishing  and  of  trading  with  the  natives  of  the  country.  But 
the  reciprocal  right  granted  by  this  .article  shall  cease,  on  both  sides,  after  the  term 
of  ten  years,  to  be  counted  from  the  signing  of  the  pr<«sent  convention. 

Art.  V.  Fire-arms,  other  anus,  powder,  and  munitions  of  war  of  every  kind  are 
always  excepted  from  this  same  commerce  permitted  by  the  preceding  article;  and 
the  two  powers  engagt;,  rectiprocally,  neither  to  sell,  nor  suffer  them  to  be  sold,  to 
the  natives  by  their  resptictive  (jitizens  and  suhj(!cts,  nor  by  any  person  who  may  be 
under  their  authoiiry.  It  being  well  understood  that,  in  any  case,  this  restriction 
shall  not  bo  considered  to  autliorizo,  under  the  pretext  of  a  contravention  of  this 
articl(>.  the  visit  or  the  detention  of  vessels,  or  the  seizure  of  the  nuM-chandise,  or,  iu 
fine,  any  vexations  whatever  exercised  towa'ds  the  owimrs  or  the  crews  employed 
in  this  eommeree;  the  iiigh  contriictiug  powt;rs,  reciprocally,  reserving  to  themselves 
to  determine  upon  the  penaltitvs  to  be  incurred,  and  to  iiiUict  the  punishments  due, 
in  case  of  the  conti'avention  of  this  article  by  their  respective  citizens  and  subjects. 

Art.  VI.  When  this  convention  shall  have  been  duly  ratified  by  His  Majesty  the 
Emperor  of  all  the  Russias  on  one  part  and  on  the  other  V)y  the  President  of  the 
United  States,  with  the  advice  and  consent  of  the  Semite,  the  ratifications  thereof 
shall  be  exchanged  at  Washington  in  the  space  of  ten  nn)nths  from  the  date  below, 
or  sooner,  if  possible. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed  this  convention,  and 
theret()  affixed  the  seals  of  their  arms. 

Done  at  —  the  —  of  the  year  of  grace  1H:^4. 


SKAL    FISIIKRIKS    IN    HKRIMl    SKA. 


219 


[Inciomuv  O  in  Mr.  MidillitdUH  No.  M.] 

(.'onfre  projet  of  IluHnia  of  March  ','H. 

TliiH  jirojot  in  virtuiilly  ichMitical  witli  tlint  of  tlio  United  StntcH  of  March  24  (Iiido- 
8ure  N),  the  only  cluinge  hisin^i  a  verbal  one  in  the  second  Hcntcuce  of  Article  V. 


flui-luitiiro  P  ill  Mr.  Middlelon'a  No.  35.— Tniiialiitidn.l 
Projet  of  the  United  States  of  Mareli  lU. 

Akt.  IV.  It  is,  iievcrthclesH,  iindcrHtood  that,  dnrinj;  u  term  of  ten  years,  to  he 
counted  from  the  .sif;nin;:;  of  tlie  jtresent  convention,  t!io  whips  of  the  two  jiowers,  or 
which  belong  to  their  citi/<MiH  or  Hiiltjects,  resjttuitively,  may  recjiprocally  fre(|iuMit, 
without  any  liindrance  whatever,  tiie  interior  seas,  gulffi,  harbors,  and  criM'l<,s  uiion 
tlie  coast  mentioned  in  the  preceuing  artichi,  for  tlie  purpose  of  tisliin^f  and  trading 
with  the  natives  o<  tlie  country. 

Akt.  V.  All  spirituous  liijuors,  fire  arnis,  other  arniH,  powder,  and  munitions  of  war 
of  every  kind,  are  always  excepted  i'rom  the  commeice  permitted  by  the  preceding 
article;  and  the  two  )iowers  engage,  reeipidcally,  neither  to  sell,  nor  sutler  tliein  to 
lie  sold,  to  tlie  natives  by  their  respective  citizens  and  snl)jects,  nor  by  any  jiersoii  who 
may  be  under  their  authority.  It  is  liUewist!  sii|iiiiate(l  that  this  restriction  shall 
never  servt)  for  a  pretext,  nor  be  alU^ged  iu  any  case,  to  authorize  either  tlie  search  or 
detention  of  vessels,  or  the  seizure  of  the  mi'rciiamlise,  or,  in  line,  any  ineasnres  of 
constraint  whattivcr  towards  the  merchants  or  the  crews  who  may  carry  on  tbiM  com- 
merce; the.  high  <'ontractiiig  powers,  reciprocally,  reserving  to  tliemselves  to  de- 
termine upon  the  penalties  to  be  iiieiiired  and  to  inllict  the  punisbnieiitM  due,  in  case 
of  a  contravention  of  this  aitii^le  liy  their  respective  cili/ms  or  subjects. 


(Inc!nsni(>  (J  in  Mr.  Miililli'loii  s  No.  35.— Truimlation.l 

Projvt  of  protocol  nul>iiiitted  In/  the   Ii'itfinimi  nvijol'xitorx  on  April  '2,  which   Mr,  Middleton 

rcfiiH(d  to  sifjn. 

The  undersigned,  alter  having  discussed  in  Hin'eral  confereiuje.s  a  projet  of  conven- 
tion ]>ropos(!d  for  renioviiig  all  tlx".  dili'enMiees  which  have  arisen  between  Russia 
and  the  I'll ited  States  of  America,  in  cons<!(iuence  of  a  regulatiiui  published  by  the 
former  of  these  powers,  on  the  4th  (Ibth)  .September,  IH'il,  definitively  drew  up  the 
different  articles  of  which  this  convention  is  composed,  added  to  them  their  sign 
manual,  and  mutually  engaged  to  sign  theiii  as  tliey  are  found  annexed  to  the  present 
protocol. 

In  drawing  up  the  fourth  of  these  articles,  the  plenipotentiaries  of  Russia  recollected 
that  they  had  proposed  to  the  plenipotentiary  of  the  United  States  to  arrange  the  said 
article  in  the  following  terms: 

Art.  IV.  "  It  is,  nevertheless,  understood  that  the  ships  of  the  two  powers,  or  which 
behmg  to  their  citizens  or  subjects,  res[)ectively,  may  mutually  frequent,  without  any 
hindrance  whatever,  the  interior  seas,  gulfs,  harbors,  .an<l  creeks  upon  tin*  said  coast, 
for  the  purjiose  of  there  fishing  and  trading  with  the  natives  of  the  country.  But 
the  reciprocal  right  granted  by  this  article  shall  cease,  on  both  sides,  after  a  term  of 
ten  years,  to  bo  counted  from  the  signing  of  the  present  convention." 


The  plenipotentiaries  of  Ru.ssia  ailded, 
that  after  agreeing  to  this  arrangement, 
the  plenipotentiary  of  the  Unitetl  .States 
had  afterwards  invited  them  to  change 
the  ending  of  this  very  article,  .lud  to 
agree  to  it  as  it  is  transcribed  opposite* 
observing  that  this  second  arrangement, 
more  conformable  to  the  letter  of  tlie  in- 
structions which  he  had  received,  in  no 
way  altered  the  sense  of  that  which  had 
been  proposed  by  the  plenipotentiaries  of 
Kiissia. 

The  plenipotentiary  of  the  United  States 
having  repeated  this  observ^ation,  the  ar- 
ticle in  (|uestion  was  signed  with  the  mod- 
ification which  he  had  demanded  to  be 
there  introduced. 


'Akt.  IV. — "It  i.s,  nev(uthele.ss,  nnder- 
tood  that  during  a  term  of  ten  years,  to  be 
counted  from  the  signing  of  the  present 
convention,  the  ships  of  the  two  powers, 
or  which  behmg  to  their  citizens  or  sub- 
J(!cts,  respectively,  may  mutually  fre- 
([uent,  without  any  hindrance  whatever, 
the  interior  seas,  gulfs,  harbors,  and 
creeks  upon  the  said  coasts,  for  the  pur- 
pos<u)f  there  lishing  and  trading  with  the 
natives  of  the  country." 


220 


SHAI-    I'lHllKRIF.S    IN    RKRIXG    SKA. 


'♦     • 


i;*« 


Al'ttT  whidi  nil  till-  lit  Iter  iirtii^li'H  wck*  also  Mi^iicil,  aixl  it  wuh  n-Holveil  tu  procuud 
t(i  tlir  sii^ii.il  iii'i^  of  tln'  cuiivfiitimi  iiMcli"  tlu!  —  iKilnwiiij;, 
DiMii!  al  >5t.  rctm^liiira,  tlio  — ,  lri2l. 


jlnclosiire  U  In  Mr.  Midillt'ton'H  No.  .'in.— TranHlntluii.  | 
Protofol  of  Hiyunlnre  of  ihv  arlicltg. 

Tin;  iiiitl»irHi;jiHMl,  after  having  disciiMsoil  in  N()V(»ral  coiilort!iic«!H  a  jno.jot  of  a  coii- 
voiitioii  propoNod  for  sifttliii^  all  tho  (lill'iutMicus  which  uio.st)  htUwetMi  tho  United 
Stat»!H  of  Anuiiica  and  UnsMia,  in  ('onm^qiionco  (d'a  rojruhition  pnhlishod  by  tlio  latter 
of  tht'Ho  powerHon  the  4th  (lUth)  S('i)teMiher,  Irt'il,  didinitively  drew  up  the  diH'eront 
articleN  of  which  thiu  convention  in  coinpoHcd,  added  to  them  their  Hign  manual,  and 
mutually  enj^ajjed  to  n'mn  them  u»  they  are  found  annexed  to  the  present  protocol. 

In  drawing  up  the  4tli  of  thcHU  articles  the  pleidpottMitiaricH  of  KuNHia  recollected 
that  they  proposed  to  the  plenipotentiary  of  the  United  States  to  ar!anH;e  the  said  ar- 
ticle in  the  following  terms: 

AUT.  IV.  *'It  is,  nevertheless,  understood  that  the  ships  of  the  two  powers,  or 
which  belong  to  their  citizens  or  subjects,  respectively,  may  mntnally  frequent, 
without  any  hindrance  whatever  the  interior  seas,  gulfs,  harbors,  and  creeks  upon 
the  said  coast,  for  the  pnrpo.se  of  there  fishing  and  trading  with  the  natives  of  th& 
country,  lint  the  reciprocal  right  granted  by  this  article  shall  cease,  ou  both  sides, 
after  a  term  often  years,  to  be  connte<l  from  the  signing  of  the  present  convention." 

The  plenipotentiaries  of  Russia  added  that,  after  agreeing  to  this  arrangement,  the 
plenipotentiary  of  the  United  States  had  afterwards  invited  them  to  change  the  end- 
ing of  this  very  article,  and  agree  to  it  as  it  is  found  signed  in  the  convention,  ob.serv- 
ing  that  this  second  arrangement,  more  conformable  to  the  letter  of  the  instructions 
which  he  received,  is  the  only  one  which  he  thinks  himstdf  authorized  to  sign  ;  but, 
moreover,  that  this  arrangement  does  not  essentially  alter  the  sense  of  that  which 
had  been  proposed  by  the  pleni|>otentiaries  of  Russia, because,  at  the  end  of  the  term 
mentioned,  the  stipulation  ceasing  equally  by  the  two  arrangiMnents,  the  reciprocal 
power  of  trading  granted  by  that  stipulation  can  not  be  prolonged  beyond  the  said 
term  but  by  mutual  agreement. 

Under  these  observations  the  article  in  question  has  been  signed,  with  the  moditi- 
cation  which  the  plenipotentiary  of  the  United  States  had  demanded  to  be  there  in- 
troduced. 

After  which  all  the  other  articles  were  also  signed,  respectively,  and  it  was  resolved 
to  proceed  to  the  signature  of  the  convention  itself  ou  the  lifth  following. 

Done  at  St.  Petersburg,  April  2  (14),  I8'.i4. 

Hknry  Midi>lktox. 

Nksselrode. 

polktica. 


[Inclosuro  S  in  Mr.  Midilleton's  No.  35.— TrauHlation.] 

Protocol  of  signature  of  the  com^ention. 

Tho  undersigned,  having  engaged  by  thy  r>rotocol  of  their  last  conference  to  sign 
on  t!ie  5th  April  of  the  present  year  the  con .  ■mtion  of  which  they  signed  all  the 
articles,  assembled  this  day  at  two  o'clock  in  the  afternoon,  at  the  hotel  inhabited 
by  Count  Nesselrode,  and  after  having  duly  collated  with  the  said  articles  the  two 
copies  of  the  convention  which  they  hati  en  used  to  be  prepared,  they  have  attached 
to  both  their  respective  signatures  and  the  seals  of  their  arms. 
Done  at  St.  Petersburg,  April  5  (17),  1H24. 

Hknry  Middlkton. 
Nessklrooe. 

P.   POLETIiJA. 


[Inclosiire  T  in  Mr.  Middleton's  No.  35. — Translation.] 
The  convention. 


In  the  name  of  the  Most  Holy  and  Indivisible  Trinity. 

The  President  of  the  United  States  of  America  aud  His  Majesty,  the  Emperor  of  all 
the  Russias,  wishing  to  cement  tho  bonds  of  aiiuty  .vlncli  unite  them,  and  to  secure 


SEAL    riSHKRir.S    IX    HKRING    SKA. 


•221 


bftwt'cii  tlu'iii  tlin  iiivarialih'  iimintiMiiiiK'tMif  ii  |»crfe<'t  foni-ind,  l>y  iiii;iiis(>r  tliopreS' 
«Mit  convention,  liiivi^  iiiiintMl  an  llicir  pIcnipoffntiaiicM  to  lliis  cUVct,  lo  wit  : 

Tlio  l'i«!«i(l«'nt  of  tlu<  I'nitfd  Htatos  of  AniKiica,  Henry  Miilillfton,  a  <utizi>ii  of  naid 
Htatt'H,  an<l  tlieir  Knvoy  Hxtraonlinary  anil  Minislcr  I'leuiiiotcntiary  near  his  Iinpo- 
rial  Majt'Hty  ;  ami  His  Maji'siy  tlio  Kinperor  olall  tin-  Kiissiai,  his  heiovt'il  and  faith- 
ful Charles  Roliert  Count  of  Nesselroile,  actnai  I'livy  Counsellor,  Meniher  of  tlio 
Couneil  of  State,  Secretary  of  State  directiiij;  the  administration  of  I'orei^n  Atfairn, 
actual  clianilii'rlain,  Knijjht  of  the  Order  of  St.  Alexander  N»wsky,  (irand  (^rosH  of 
the  Onler  of  St.  Wladimir  of  the  tirst  class,  Kni;>ht  <d' that  of  the  White  Ivijijle  of 
Pidand,  (irand  Cross  id' the  Order  of  St,  Stephen  of  llunjjary,  Knij^ht  of  the  OrdcPH  of 
the  Holy  (Ihost  and  of  St.  Michael,  an<l  (Jrand  Cross  <>{'  the  Le^;ioii  <d'  Honor  of  Franco, 
Knight  (Jrand  Cross  of  the  Orders  of  the  Hlack  and  f>f  tlie  Red  Kayle  of  Prussia,  of 
the  Annunciation  of  Sardinia,  of  Charlt^.s  III  of  Spain,  of  St.  Ferdiiuiiid  and  of  Merit 
of  Naples,  of  the  Klephant  of  Denmark,  of  the  INdar  Star  of  Sweden,  of  the  Crown 
of  Wilrtenil)erg,  of  the  (JiudphH  of  Hanover,  of  the  Helglc  Lion,  of  Fidelity  of  Hk*I«ii, 
und  of  St.  Constantiiie  of  Parma;  .ind  Pierre  de  I'olelica,  actual  counsellor  of  state, 
Knijiht  of  the  order  of  St.  Anne  of  the  llrst  class,  uud  (irund  CroH.s  of  the  ( )rder  of  St. 
Wlailimir  of  the  8econd  : 

Who,  after  having  exchanged  their  full  powers,  i'ound  in  good  und  due  form  have 
agreed  upon  and  signed  the  following  stipulations: 

Akt.  I.  It  is  agretid  that,  in  any  part  of  the  great  ocean,  coninionly  called  the  Pa- 
cilic  Oc'CJin  or  Scuith  Si-a,  the  respectiv((  citizens  or  siilijects  of  the  high  contracting 
])0W(^rs  sh.'ill  he  neith(>rdisturhed  nor  restrained,  either  in  navigation  or  in  fishing,  or 
in  the  power  of  resorting  to  thecioasts,  n]ion  points  whicli  may  not  already  have  l>een 
occupied,  for  the  i)iir|H)8e  of  trading  with  the  natives,  saving  always  the  restrictionn 
iind  conditions  deferiniiied  hy  the  following  artirles: 

Akt.  II.  With  a  view  of  preventing  the  rij^hts  of  navigation  and  of  fishing  exer- 
cised upon  tli((  great  ocean  by  the  citizens  and  siiliji'(rtH  of  the  high  coiitr;i<!tiiig  |»ow- 
4'rs  from  liecoiiiiiig  tlie  pretext  for  an  illicit  trade,  it  is  agreed  that  fhecitizens  of  the 
United  Stiit(>s  shall  not  resort  to  any  point  when-  there  is  a  Russian  estaldishment, 
without  tlie  jiermissioM  of  the  governor  or  coinmatider;  and  that,  reciprocally,  the 
suh.jectH  of  Russia  shall  not  resort,  without  i»ermission,  to  any  estahlishinent  of  the 
United  States  u\^:ii  the  iiortlnv(^st  coast. 

AiiT.  HI.  It  is  moreovei  agnuMl  that,  hereafter,  iheii^  shall  not  ho  formed  hy  the  cit- 
izens of  the  United  States,  or  under  the  authority  of  the  said  States,  any  (vstahli;>hment 
upon  the  northwest  coast  of  America,  nor  in  any  of  the  islands  acljacent,  t()  the  north 
of  fifty-four  degrees  and  forty  minutes  of  north  latitude;  and  that,  in  the  same  inan- 
iior,  there  shall  he  none  formed  hy  Russian  siibjecls,  or  under  the  authority  of  Russia, 
south  of  the  same  ])arallel. 

AuT.  IV.  It  is,  iievertheieHS,  nnderstood  that  during  a  term  of  ten  years,  counting 
from  the  signature  of  the  present  convention,  the  shijis  of  hoth  powers,  or  which  he- 
long  to  tlieir  citizens  or  8ul»jects,  rosjtectively,  may  recijirooally  fre<iuent,  without  any 
hindrance  whatever,  the  interior  seas,  gnlfs,  harhors,  and  creeks,  upon  the  coms!  men- 
tioned in  the  preceding  article,  for  the  purpose  of  iishing  and  trailing  with  the  natives 
of  the  country. 

Akt.  V.  All  spiritnons  liquors,  fire-arms,  other  arms,  powder,  and  munitions  of  war 
of  every  kind,  are  always  excepted  from  this  same  commerce  permitted  hy  the  [(re- 
ceding articde;  and  the  tsvo  i)owers  engage,  reciprocivUy,  neither  to  .sell,  nor  suil'er 
them  to  be  sold,  to  the  natives  hy  their  respective  ciiizens  and  sulijects,  nor  hy  any 
person  who  may  be  under  their  authority.  It  is  likewise  stipulated  that  this  restric- 
tion shall  never  alford  a  i)retext,  nor  be  advanced,  in  any  case,  to  authorize  either 
search  or  detention  of  the  vessels,  seizure  of  the  merchandise,  or,  in  line,  any  measures 
of  constraint  whatever  towards  the  merchants  or  the  crews  who  may  carry  on  this 
commerce;  the  high  contracting  [lowers  reciprocally  reserving  to  themselves  to  de- 
termine upon  the  penalties  to  he  incurred,  and  to  inflict  the  punishments  in  case  of 
the  contravention  of  this  article  by  their  respective  citizens  or  suhjects. 

Art.  VI.  When  this  convention  shall  have  been  duly  ratified  by  the  President  of 
the  United  States,  with  the  advice  and  consent  of  the  Senate,  on  the  one  jiart,  and, 
on  the  other,  by  His  Majesty  the  Emjieror  of  all  the  Ilussias,  the  ratifications  shall  be 
exchanged  at  Washington  in  the  space  of  ten  months  from  the  date  below,  or  sooner 
if  possible. 

In  faith  whereof  the  respective  plenipotentiaries  have  signed,  this  convention,  and 
thereto  afHxed  the  seals  of  their  arms. 

Done  at  St.  Petersburg  the  17-."}  April,  of  the  year  of  Grace  one  thousand  eight 
hundred  and  twenty-four. 

Henky  Middlkton.  [l.  s.] 

Le  Cointo  Ciiaui.es  De  NK8.SELUODE.     [l.  s/j 

Pierre  De  Poletica.  [l.  k,.J 


222 


si:al  fisheries  in  Bering  sea. 


No.  174. 

Convention  between  Great  liritahi  and  Rn-'^sia  relative  to  "  the  commerce, 
nor  if/at  ion,  and  Jisli  cries  of  their  .subjertH  on  the  Pacific  Ocean,  as  well 
(IS  the  limits  of  their  resjwctii'e  jfossessions  on  the  northwest  coast  of 
A  merica,''^ 

[Sipnucl  iit  St.  Peternbiirf;,  Felirunry  ';,",  li^'J'i.— Kxtrnct.l 

Art.  I.  If  is  affroed  iW.it  Mio  respective  Kubjectsof  the  hj;;'li  contiact- 
'\\\^  parties  sliall  not  be  troubled  or  molested,  in  any  ])art  of  the  oeeaji, 
eoinnioidv  called  the  l'aei(i(!  Oeean,  either  in  navifj^atinf";  the  same,  in 
fishinjj  therein,  or  in  landing;  at  such  i)arts()t' the  coast  as  shall  n'>^have 
been  already  occupied,  in  order  to  trade  with  the  natives,  under  theio 
strictions  and  conditii)n8  sjjecitled  in  the  followinjj^  articles. 

Art.  H.  In  order  to]>revent  tln^  rijjht  of  navi^'ation  and  flshiuj;,  ex- 
ercise'l  upon  the  ocean  by  the  siibjecits  of  the  hijjh  contractiui;  parties, 
from  becoie'njff  the  ])ret(^xt  ibr  an  illicit  (!oinnier(!e,  it  is  a^jjreed  that,  the 
subjects  of  Ilis  Britannic  Majesty  shall  not  laud  at  any  place  where 
there  may  be  a  llussian  establishment,  without  the  perinissiou  of  the 
governor  or  commandant;  atid,  on  tlu^  other  hand,  the  llussiaa  subjects 
shall  not  laiul,  without  i)ermissi()n,  at  any  Ilritish  establishment  on  the 
northwest  coast. 


Art.  VI.  It  is  understood  that  the  subjects  of  His  liritannic  Majes;y, 
from  whate>'t'r  cpiarter  they  may  arrive,  whether  from  the  ocean,  or  from 
the  interior  of  tlu^  (^onti.ieiit,  shall  forever  enjoy  the  rijj;ht  of  navifjating 
freely,  and  without  any  hindrance  whatever,  all  the  rivers  and  streams 
wlii(!h,  in  their  (iourse  towaids  the  Pacilic  Ocean,  may  (iross  the  line  of 
demarcation  upon  the  line  of  coast  '.iesciilnid  in  article  3  of  the  present 
convention. 

Art.  VII.  It  is  alsounderstoo;',  that,  for  the  space  often  years  from 
the  signature  of  the  prescMit  coiV-ntion,  rhe  vessels  of  the  two  powers, 
or  those  belonging  to  tiieir  resp.*(!tive  sul)jects,  shall  mutually  be  at  lib- 
erty to  frequent,  without  any  hindraiu'e  whatever,  all  the  inland  seas, 
the  gulfs,  havens,  and  creeks  on  tluM-oast  mentioned  in  article  3  for  the 
purpose  of  iishingaml  of  trading  with  the  natives. 

Art.  VIII.  The  port  of  Sitka,  or  Novo  Archanfjelsk,  shall  be  open  to 
the  ctMumerce  and  vessels  ol"  IJriti.sh  subjects  fo'*  the  space  of  ten  years 
from  the  date  of  the  exchange  ol'  the  ratiiicalions  of  the  present  conveu- 
tion.  In  the  event  ot  an  extension  of  this  term  of  ten  years  being 
granted  to  any  other  power,  the  like  extension  shall  be  granted  also  to 
Great  Britain. 

Art.  IX.  The  above  nuMitioned  libeity  of  c  )mmerce  shall  not  apply 
to  the  trade  in  spirituous  li(pn)rs,  in  fireartns,  or  other  arms,  gunpow- 
der, or  other  warlike  stores;  the  high  contracting  parties  reciprocally 
engaging  not  to  permit  the  above  mentioned  articles  to  be  sold  or  de- 
livered, in  any  manner  wiiatexer,  to  the  natives  of  the  country. 

NoTK. — Ry  Arlicln  Xil  (>!  the  treaty  iM'twoen  Groat  Uritairi  iiiul  Russia  sijjiuMl  .fan- 
nary  11,  I"^4H,  it  is  stilted  tliiit  "it  is  uiHlerstodd,  tluit  in  refjanl  to  eoiniiione  u:'d 
iiavi;j;ati()n  in  tlie  Russian  |>ossl's^i«nlsoll  liu*  norlliwtist  coast  of  Ameriea,  the  (;oiiven- 
lion  cont'lndeii  at  St.  IVtersluirf^,  on  tlit;  I'^th  Ecbniary,  Id'^if),  eontiniies  in  force." 


SEAL    FISHERIKS    IN    HKU'XG    SKA. 


223 


No.  175. 

Jianm  Krudeuer  to  Mr.  Dicluis. 

[TranHliition.] 

Washington,  .1/^^//  19  (.'51),  is;?."). 

Tlie  midi'isi^iuMl,  «MiV(>y  extraonliiiiir.v  iiiid  miiiistcr  pU'iiipotciitiiiry 
of  Ilis  Majestv  tlic  lOmperor  of  all  thv  linssias,  has  tlui  Iiuik.i-  to  address 
the  followiiiii-  (!()inmtii)i(!ati()ii  to  Mi'.  DicUiiis,  wlio  has  (rhar^e  »>f  the  l)e- 
piirtnu'iit  of  J'\)r'oi<>n  Itelations  during-  the  absence  of  the  Hecretary  of 
State. 

The  eoiiveution  eonelnded  between  liiissia  and  tln^  United  »StateH  on 
the  oth  ('7th)  of  April,  l.S'i4,rejinlated  various  points  ri'speetinj;  the  coni- 
ineic<^  and  navi{>ation  of  tic,  vessels  ol'  eaeh  nation,  alon}j  the  nortli- 
west  eoast  of  America.  Tl^e  fourrii  article  of  this  convention  j;rantH  to 
American  vessels  for  ten  .years  after  the  dati*  of  the  si;>natnre  thereof 
the  liinht  of  frecpientin;;^,  without  any  liindraui  e  whatever,  the  interior 
seas,  quit's,  hai'bors,  and  creeks  coniijrised  within  the  limits  of  the  IJns- 
sion  possessions  on  the  albiesaid  coast,  and  especially  northwai'd  of  54° 
40'  of  north  latitude. 

Thi;;  jx'riod  of  ten  years  expired  on  the  ."ith  (17th)  of  xVpril,  18.54;  not- 
withstanding;'  whi<di  two  AnuMican  eai)tains.  Snow  and  Allen,  who  were 
then  in  the  port  of  Novo  Ar<;hanjj:elsl<,  dcclaretl  their  intention  to  visit, 
the  anchoring  i>la(;es(»n  tluM'oast  belon.uin^  to  Ifussia,  as  before,  on  the 
))lea  that  they  had  received  no  notice  of  the  cessation  of  this  privilej^e 
from  their  IJovei'iinient.  This  declaration  indncu'd  Cajjlain  Ilaron  do 
Wraiiju'el,  j;overnor  of  the  'Inssian  Ameri(*an  coloiiies,  to  state  formally 
to  Captains  Snow  and  Allen,  by  a  circular  atidressed  to  them,  under 
date  of  April  27,  that  by  the  terms  of  the  (!onvention  of  Aj)ril,  18'J4, 
American  vessels  had  no  lonjjer  the  rij;ht  of  landinjr  at  their  discretion 
at  all  the  lan<lin^  places  of  the  said  possessions  in  America. 

In  consecpience  of  what  is  here  exposed,  the  ministiy  of  Ilis  Majesty 
the  Emperor  of  all  the  Kussias  has  ordered  the  undersij^ned  to  call  the 
attention  of  the  American  Government  to  the  fact  that  the  fourth 
article  of  the  treaty  of  5th  (17th)  of  April,  18L'4,  by  which  indefinite  and 
indiscriniinate  liberty  {une  liberte  indcfiitie  et  iiuUxtincte)  of  freqnentin}? 
the  respective  possessions  of  each  party  on  the  northwest  coast  was 
grunted  to  tlic  vessels  of  each  has  expired.  The  new  state  of  things 
brought  on  by  the  terms  of  the  treaty,  since  the  expirati<Mi  of  the  said 
ten  years,  not  having  l)e«Mi  suHiciently  appreciate*!  by  the  navigators  of 
the  United  States,  who  have  latterly  frequented  tlie  Russian  posses- 
sioPi*  on  the  northwest  coast  of  North  America,  it  appears  to  be  neces- 
sary that  the  American  public  should  bo  infoi.ned  of  the  actual  state 
of  the  relations  on  this  subject,  and  the  undersigned  has  been  ordered 
to  invite  the  G<»vernment  of  the  United  States  to  take  the  most  suitable 
measures  with  regard  to  it. 

The  undersigned,  vU,.,  B.  Kuudenkr. 


No.  170. 

•  }fr.  Dicliins  to  JUiron  Krudcner. 

Dei'autmknt  of  State, 

WiiNliiiij/toii,  June  .'},  1835. 
The  undersigned.  Acting  SeiTetary  of  State,  has  the  hom)r  to  acknowl- 
edge the  receipt  of  the  n(!te  addressed  to  him  on  the  l!>th  (.ilst)  ultimo,  by 


A, 


224 


SEAL    FISHERIES    IN    BERING    SEA. 


Baron  Krudener,  envoy  extraordinary  and  minister  plenipotentiary  of 
His  Majesty  the  En.neror  of  all  the  Rnssias,,  reminding  this  Government 
of  the  expiration  of  th?  fourth  article  of  the  treaty  of  5th  (17th)  April, 
1824,  between  the  United  States  and  Russia,  which  secured  to  Ameri- 
can and  Russian  vessels  the  privilege  of  frequenting  the  respective  pos- 
sessions of  the  two  powers  on  tu.^  northwest  coast,  and  suggesting  the 
propriety  of  the  adoption  of  proper  measures  to  notify  this  fact  to  the 
people  of  the  United  States. 

The  undersigned  has  the  honor  to  inform  Baron  Krudener  that  he  will 
take  an  early  opportunity  to  submit  his  commuLMcation  to  the  President, 
and  he  av^ails,  etc., 

AbHURY  DiOKINS. 


No.  177. 

Mr.  Forsyth  to  Baron  Krtidener.         • 

Department  of  State, 

Washington,  July  24,  1833. 

Sir  :  J  have  the  honor  to  inform  you  that  your  note  of  the  19th  (31st) 
ultimo,  calling  the  attention  of  this  Government  to  the  fact  that  the 
fourth  article  of  tlie  convention  of  April,  1824,  between  the  United 
States  and  Russia  had  expired  by  its  own  limitation  during  the  year 
1834,  and  suggesting  the  pro})riety  of  making  this  event  known  to  the 
American  public,  has  been  laid  before  the  President  for  his  considera- 
tion. As,  howe\-er,  the  motives  which  led  to  and  rendered  expedient 
the  adoption  of  that  article  of  the  treaty  of  18:^4  exist  now  in  equal 
force,  and  as  the  arrangement  iias  been  found  mutually  beneficial  to  the 
interests  of  the  citizens  ca\d  subjects,  respectively,  of  the  contracting 
parties,  without  inconvenience  to  either,  I  am  instructed  to  apprize  you 
that  the  President  would  prefer  not  to  take  any  active  measures  to  in- 
terrupt the  commercial  intercourse  between  the  United  States  and  the 
Russian  settlements  on  the  northwest  coast  of  America,  unless,  in  your 
opinion,  there  is  reason  to  believe  that  a  ])roposition  on  the  part  of  this 
Government  for  the  renewal  of  the  article  referred  to  would  not  be  met 
in  a  favorable  spirit  by  the  Government  of  His  Imperial  Majesty  at  St. 
Petersburg. 

An  early  answer  to  this  coniinnnication,  if  you  are  not  aware  of  any 
difficulty  on  the  part  of  your  Government  in  the  way  of  sucli  a  negotia- 
tion, will  enable  me,  without  unnecessary  delay,  to  transmit  the  rcipiisite 
instructions  on  the  subject  to  the  diplomatic  represenrative  of  the  United 
States  in  Russia. 

I  pray  yon,  sir,  to  accept,  etc., 

John  Forsyth. 


Xo.  178. 
Baron  Kriidentr  to  Mr.  Forsyth. 

[Translation.!  -> 

PiliLADELi'iiiA,  June  29  {July  11),  1835. 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary 
of  His  Majesty  the  Emperor  of  all  the  Russias,  has  received  the  note  of 
June  24,  which  was  addressed  to  him  by  Mr.  Forsyth,  Secr»^ii'?y  of 


SEAL   FISHERIES   IX   BERING    SEA. 


225 


State  of  the  United  States.    He  would  have  made  it  a  duty  to  answer 
it  immediately,  had  the  state  of  his  healtli  permitted. 

The  undersigned  regrets  that  it  is  entirely  out  of  his  power  to  give 
any  distinct  opinion  as  to  the  result  which  might  attend  any  steps  ou 
the  part  of  the  Cabinet  of  the  United  States  to  engage  the  Government 
of  His  Imperial  Majesty  to  stipulate  a  renewal  of  tlie  fourth  article  of 
the  treaty  of  the  oth  (17th)  of  April,  1824,  which  ceased  to  be  in  force 
last  year.  It  being  thus  impossible  for  the  undersigned  to  foresee  the  in- 
tentions of  the  Emperor,  he  can  only  persevere  in  compliance  with  the  or- 
ders transmitted  to  him  by  the  minifitry,  and  in  repeating  the  demand 
which  formed  the  object  of  his  note  of  the  10th  (31  st)  of  May.  The  under- 
signed is  the  inore  obliged  to  comply  with  this  duty,  as  the  instructions 
with  which  he  is  furnished  on  this  subject  are  positive,  and  express  no 
doubt  as  to  the  readiness  of  the  American  Government  to  i)roceed  to 
the  publication  requested. 

The  undersigned,  etc., 

B.  Krudener. 


No.  170. 


Mr.  Forsyth  to  Baron  Krudener. 

Department  of  State, 
^  k  Watihinflton,  July  21, 1835. 

Sir:  I  have  received  your  note  of  the  29th  June  ( 11th  July),  declining 
to  express  an  opinion  as  to  the  probable  result  of  an  application  on  the 
I)art  of  this  Government  to  that  of  His  Imperial  Majesty  for  a  renewal 
of  the  fourth  article  of  the  convention  of  1824,  between  tlie  United  States 
and  Russia,  and  reiterating  tlie  request  contained  in  your  communica- 
tion of  the  19th  (3lst)  May  last,  that  the  fact  of  the  e  .piration  of  the 
term  limited  in  the  article  referred  to  should  be,  in  some  form,  brought 
into  notice,  for  the  information  of  the  American  public.  I  have,  in 
answer,  the  honor  to  state  that  a  formal  notice  from  the  Government 
is  not  deemed  necessary.  All  the  citizens  of  the  United  States  are 
bound  to  know  existing  laws  and  their  rights  and  obligations  under 
exi'^^ting  treaties.  Still,  howt^'er,  as  His  Imperial  Majesty's  Govern- 
Wi,\  has  especially  invited  the  attention  of  this  Government  to  the 
^ubjcv',  an  informal  nonce  will  be  given  through  the  public  journals 
().'  i'.u;>u  de  AVrangel's  warning  to  the  captains  of  American  vessels 
oii  'Air:  fsarthwest  coast  of  this  continent. 

i  ill  be  very  happy  to  receive  from  you,  as  early  as  practicable, 
preci.  ••  iuforniatlon  of  the  measures  ilis  Inq)eria'c  Majesty's  Govern- 
ment has  ad()[>ted,  or  proposes  to  a*  i..,  in  rehit'ou  to  tlte  subject,  as 
correspomling  regulations  may  be  dee'ned  necissary.by  the  United 
States  in  regard  to  Russian  subjects  in  th'i  event:  of  the  non-renewal  of 
the  treaty  stipulation. 

1  pray  you  to  accept,  etc., 

John  Forsyth. 

S.  Ex.  100 15 


'^* 


226 


.SEAL    FISHERIES    IN    BERING    SEA. 


X(>.  ISO. 


,r         I 


Huron  Krudener  to  Mr.  Forstyh. 

[Ti'iiiiHlatioii.  ] 

New  York,  Jul;/ 14  (20),  1835. 

The  undersiyned,  envoy  extraordinary  and  minister  plenipotentiary 
of  His  Majesty  the  Emperor  of  all  the  llussias,  has  had  the  honor  to 
receive  the  uote  dated  July  21,  in  which  Mr.  Forsyth,  Secretary  of  State 
of  the  United  States,  in  rei>ly  to  his  conimnnication  of  Jnne  20  (July 
11),  informs  him  that  the  Government  of  the  United  States  intended 
to  insert  in  the  public  newspapers  an  unoUicial  notice  of  the  warning 
given  by  Baron  Wrangel  to  the  captains  of  American  vessels  on  the 
northwest  coast  of  this  continent  respectijig  the  expiration  of  the  four^^b. 
article  of  the  treaty  of  Ai)ril  5  (.17),  1824;  ex])iessing  also  a  desire  to 
receive  from  the  undersigned,  as  soon  as  possible,  precise  information 
with  regard  to  the  measures  which  the  Imperial  Government  has 
adopted,  or  may  adopt,  on  this  subject,  as  corresponding  regulations 
with  regard  to  Itussian  subjects  m.iy  be  considere<l  necessary  in  (;ase  the 
stipulation  of  tlie  treaty  be  not  renewed.  The  undersigne«l  has  without 
delay  submitted  to  hi;-  '  v^^'nment  the  said  note  of  the  Secr,-rary  of 
State,  and  will  communi  to  him  the  results  as  soon  as  they  are  re- 

ceived. 

The  undersigned,  etc., 

B.  DK  Krudener. 


No.  181. 


Mr.  Forsyth  to  Mr.  WilJcins. 

No.  4.]  Department  of  State, 

Washmgtony  July  30, 1835. 

Sir:  I  tran8fr.it  to  you,  inclosed,  the  copy  of  a  recent  correspondence 
with  Baron  Krudener,  the  diplomatic  representative  of  His  Ma-jesty  the 
Bmperorof  Russia  at  Washington,  regardingthe  fourth  article  of  the  con- 
vention of  April,  1824,  between  the  United  States  and  that  Empire.  It 
will  be  perceived  from  tlnese  papers  that  the  baron  has  taken  occasion 
to  remind  this  Government  of  the  expiration  of  the  term  limited  in  that 
article,  and  to  request  that  a  notification  of  this  fact  may  be  given  for 
the  information  of  the  American  public.  An  informal  notice  has  been 
accordingly  published  in  the  Globe  of  the  22d  instant,  of  Baron  de 
Wrangel's  warning  to  the  ca|)tains  of  certain  American  vessels  trading 
with  the  Russian  settlements  on  the  northwest  coast  of  A merica.  It 
will  also  bo  seen  that,  in  answer  to  an  inquiry  from  this  Department, 
Baron  Krudener  has  declined  to  expres.i  an  opinion  as  to  the  probable 
result  of  a  proposition  to  His  Imperial  Majesty's  Government  for  a  re- 
newal of  the  art'cle  referred  to. 

It  therefore  b  comes  necessary,  and  you  are  now  authorized  by  the 
President's  direction,  to  enter  immediately  upon  a  negotiation  with  the 
Government  of  His  Imperial  Majesty,  if  it  should  be  found  willing  to 
entertain  the  proposition,  for  the  renewal  of  thestipulationsof  the  fourth 
article  of  the  convention  of  the  5th  (17th)  April,  1824,  for  an  indefinite 
period,  or,  if  this  can  not  be  had,  for  a  term  of  years. 


SEAL    FISHERIES    IN    KERING    SEA. 


227 


There  is  reason  to  believe  that  the  course  pursued  by  rhe  Captaia 
Baron  de  Wran^el,  jjovernor  of  the  Russian-American  colonies,  inci- 
dentally mentioned  in  the  Baron  de  Krudener's  letter  of  the  3l8t  May 
last,  has  been  instifjfated  by  the  Russian- American  Fur  Company;  and 
it  is  not  improbable  that  representations  of  a  character  similar  to  those 
made  to  the  jjovernor,  and  from  the  same  source,  have  been  transmitted 
to  St.  Petersburty.  If  pn^judices  exist  of  the  nature  apj)rehended,  and 
tendin{j  to  defeat  the  obje(!t  now  in  view,  they  will  beeasily  discoverable 
in  your  intercourse  with  the  Russian  minister  of  foreign  aifairs,  and 
you  will  take  an  early  opportunity  to  dis<!redit  them  by  showinj;  that 
representations  growiu*:^  out  of  private  interests  are  always  to  be  re- 
ceived with  great  caution,  and  shouhl  not  be  suifered  to  iuHuence  the 
decision  of  a  question  which  may  be  i)roductive  of  injury  to  the  citizens 
and  subjects,  respectively,  of  the  contracting  part'es. 

The  motives  that  ])romi)ted  the  adoption  of  the  fourth  article  of  the 
treaty  of  1824  by  the  parties  to  that  convention  exist  now  in  e(|ual  if 
not  superadded  force,  since  it  will  not  be  denied  that  it  has  been  mutu- 
ally beneficial  to  the  citizens  of  both,  without  being  inconvenient  to 
either.  Serious  objections  on  the  part  of  Russia,  therefore,  to  the  re- 
newal of  the  stipulations  contained  in  it  can  hardly  be  antici|)ated. 
Should  this  reasonable  expectation,  however,  be  disappointed,  it  is  the 
wish  of  the  President  that  you  should,  without  unnecessary  delay,  ob- 
tain from  His  Imperial  Majesty's  Government  precise  information  in  re- 
gar«l  to  the  measures  a«lopted,  or  proposed  to  be  adopted,  on  its  part  in 
relation  to  the  admission  of  American  vessels  into  the  harbors,  bays, 
and  rivers  of  the  Russian  settlements  on  the  northwest  coast  of  this 
continent,  in  order  that  corresponding  regulations,  if  deemed  necessary, 
may  be  made  by  this  (lovernment. 
I  am,  etc., 

John  Forsyth. 


[Inclosure.— Extract  from  the  Globe  newspaper  of  July  22,  1835.] 

It  will  bo  rccoUcctefl  that  a  convention  was  concluded  between  the  United  State* 
and  Russia  in  April,  lrt24,  regulating  various  matters  connected  witli  the  commerce 
and  navigation  <»l'  tlie  two  nations  on  the  nortliwest  coast  of  Anieric^a.  By  the  fourth 
article  it  was  stiiuiiated  that  the  ships  of  both  nations  might,  during  a  term  of  ten 
year.-i,  frequent  without  hinderance  the  iuti^rior  seas,  gulfs,  harbors,  ancf  creeks  of  each 
nation  ou  that  coast  for  the  purpose  of  fishing  and  trading  with  the  natives  of  the 
country.  The  ten  years  expired  in  April,  1834  ;  and  we  understand  that  formal  notice 
has  been  given  by  the  governor  of  the  Russian  colonies  to  the  masters  of  the  Ameri- 
can ships  then  trading  there  that  they  could  no  longer  claim,  under  t*e  convention, 
the  right  of  lauding  at  all  the  landing  jtlaces,  without  distinction,  belonging  to  Rus- 
sia on  that  coast.  'I'hose  interested  in  the  trade  will  not  fail  to  observe  that  under 
the  second  articleof  theconventiou  itisnecessary  for  all  American  vessels  resorting  to 
any  point  ou  that  coast  where  there  is  a  Russian  establishment  to  obtain  the  per- 
mission of  the  governor  or  commander. 


No.  182. 

Mr.  Wilkins  to  Mr.  Forsyth. 

No.  14.]  Legation  of  the  United  States, 

St.  Vetcrnhurg,  November  23,  1835. 

Sir:  Tu  the  hist  dispatch  which  I  had  the  honor  to  address  to  you, 
on  the  2Ctb  of  Sei)tember  last,  I  informed  you  it  was  likely  you  would 


228 


SEAL    FISHElilES    IN    UEliING    SEA. 


,  ,    i 


not  aj?aiii  hear  from  me  luitil  after  the  return  of  the  Emperor  ami  Count 
NesselroUe  to  this  ci!i>ital. 

His  Majesty  returned  on  th*)  1st  instant,  liaving  been  preceded  a  few 
days  by  his  minister  of  foreign  affairs. 

^,  Immediately  upon  vcceivinff  from  Count  Nesselrode  the  usual  written 
notice  of  his  having  resumed  tlie  duties  of  his  ollicial  station,  I  adtlressed 
him  a  note  and  requested  him  to  name  a  day  when  I  mifj^ht  have  the 
honor  of  a  pe»'"onal  conference.  He  mentioned  the  4th  instant.  1  waited 
upon  him  accordinjjly  at  the  foreign  otKce,  and  disclosed  to  him  the 
wishes  of  the  American  Government  in  reference  to  the  removal  of  the 
fourth  article  of  the  treaty  of  April,  18li4,  and  held  with  him  such  conver- 
sation and  i)laced  the  matter  in  that  light  wiiich  seemed  to  me  the  most 
proper  and  in  accordance  with  my  instructions.  Upon  the  close  of  our 
conversation  I  handed  to  him,  in  writing,  a  memorandum  of  the  proposal 
you  authorized  me  to  submit.  The  view  in  wliicii  I  placed  the  matter 
and  the  substance  of  the  conversation  will  appear  (and  therefore  need 
not  be  more  particularly  detailed)  by  refert^nce  to  the  copies  of  the  notes 
which  1  addressed  to  him  immediately  after  the  conference,  simply 
noting  two  observations  which  fell  from  him.  *  *  • 
1  have,  etc., 

\VM.  WlLKINS. 


[Incl<  sure  1  in  Mr.  Wilkiiis's  No.  14. ) 
Mr.  JVilkina  to  Count  Nesuvbode. 

St.  Petkusijuug,  JS"ovembi-r  I  (13),  18:5;'). 

•  ■»»#*»« 

NotwilliHtaiidii)}?  his  very  rt'oent  conversation  with  Connt  NesHelrode  in  rofercnco 
to  the  proposition  ot'tho  American  Government  to  renew  th<'  expired  fourth  article  of 
the  treaty  of  April,  1H24,  the  nndersifi;ned  will  embrace  the  present  occasion  to  repeat 
M'hat  may  then  have  been,  in  a  very  brief  manner,  verbally  represented,  and  to  add 
a  few  remarks  immediately  bearing  upon  that  (inestiou. 

The  diplomatic  representative  of  His  Imperial  Majesty  at  Washington  City  having 
taken  occasion  to  remind  the  United  States  of  the  expiration  of  the  ten  years  stipu- 
lated in  the  fourth  article  of  the  treaty  of  18'.i4,  and  to  desire  thereon  the  action  of 
their  Chief  Magistrate,  is  indicative  of  the  necessity  that  the  two  Governments  should, 
as  early  as  convenient,  come  f  a  decision  upon  the  policy  hereafter  to  control  their 
citizens  and  subjects,  vespectively,  upon  the  northwest  coast.  Hence  it  is  that,  under 
express  instructions,  the  undersigned  had  the  honor,  imme<liately  npon  the  return  of 
his  excellency  Count  Nesselrode  to  the  capital,  to  call  his  attention  to  the  question, 
and  to  submit  to  him  his  proposal  of  October  "i^  (November  4),  of  which  the  under- 
signed delivered  at  the  tinui  a  memorandum  in  writing. 

The  motives  which  inlluenee  the  Government  of  the  United  States  in  submitting 
that  propositimi  to  the  imperial  ministry  will  bo  found  to  arise  ov.t  jf  a  consideration 
of  the  following  circumstances: 

(1)  The  desire  to  avoid  any  diHiculty  and  apprehension  of  collision  between  the  in- 
biibitants,  traders,  and  fishermen  u|)on  that  wild  coast,  so  remotely  situated,  but  with 
very  few  .ind  widely  separated  posts  of  civilization,  and  the  entire  country  almost  so 
exclusively  occui)ied  bv  savage  tribes  as  to  reiuler  restraint  and  proper  responsibility 
to  the  law  well-nigh  out  of  the  cinestion  Avith  either  Government. 

(2)  The  proposed  arrangement  would  render  delinite  and  precise  the  rights  and 
duties  of  the  subjects  and  citizens  of  the  contracting  parties  respectively,  and  would 
obviate  all  necessity  to  resort  to  a  construction  of  the  remaining  artielesof  the  treaty 
of  Ajtril,  1H24,  and  would  likewise  avoid  any  chance  of  conllicting  interpretations  of 
that  instrument. 

(:})  Since  the  undersigned  had  the  honor,  in  their  personal  conference  the  other  day, 
to  be  informed  by  his  excellency  Count  Nesselrode  of  the  arrangement  relative  to  the 
trade  and  intercourse  upon  the  northwest  coast  of  America  subsisting  at  present  be- 
tween the  Governments  of  Russia  and  Great  Britain,  he  has  turned  to  the  iirst  and 
eleventh  articles  of  the  commercial  treaty  of  the  (ith  ( 18th)  of  December,  18U2,  between 
Russia  and  the  United  States,  and  begs  leav  to  call  the  attention  of  the  imperial 
minister  to  the  same  articles,  who  will,  upon  their  perusal,  see  for  himself  how  far 
.  heir  provisious  bear  upon  the  present  subject,  and  whether  they  may  not  give  rise 


SKAL    FI.SHKRIKS    IN    DEKIXG    SKA. 


229 


to  an  iiifniiry  which  may  he  ronilered  uniioccssary  hy  iin  ac(iniescenco  in  th»*  proposed 
ari;nij;tMiient. 

(4)  Totichiiig  the  i>H])t'(iiil  iiiatti'v  in  i{ii(>sti(iii,  the  jirojjosed  arraiiKP'iieiit  woiihl,  it 
is  believed,  ])lac<i  tlie  tliree  nations — Russia,  England,  and  tlie  United  States — upon 
the  same  fair  footing  and  epon  the  same  eciuality  in  the  enjoyment  of  a  community 
of  priviie<;;<'s. 

lu  the  jtersonal  interview  of  the  4th  instant  (N.  S.))  his  excellency  Count  Nesselrode 
mentitined  two  cinuimstancs,  to  which  the  nndersij;ned  will  now  refer  for  a  numient. 
One  was  the  ohjection  enter  ained  hy  the  Imperial  Guvernmeiit  to  all  traHic  in  fire- 
arniN  and  spirituous  li(|m)  s,  hy  American  citizens,  with  the  native  Indians.  To  this 
the  nndersii;n»  (I  now  replies,  as  ho  <iid  then  very  succinctly,  thut  it  is  bt-lieved  the 
treaty  of  18'^4,  contaiiiiu};,  a  stipulation  afi;ainst  that  trathc,  immediately  ])nt  an  end 
to  it ;  that  there  liave  htieu  no  infractions  since  its  a(h)i>tion — certainly  none  com- 
plained of  in  rei)resentations  to  th<i  Government  at  Washington  ;  that,  as  a  further 
assurance  aj^aiust  infrinnements  upon  that  hunuine  stii)rlation,  and  as  an  evidence 
of  the  sincere  desire  of  his  Government  to  enforce  it,  the  iindersifiined,  immediately 
after  their  conference,  ii'closed  to  his  excellency  a  cojiy  of  a  law  passed  hy  Congress 
declarinij  certain  ])roseeutions  and  penalties  aj^aiiist  those  who  should  otJend  a^^ainst 
that  ])rovision  of  the  treaty.  And  the  undersigned  will,  on  this  point,  content  him- 
self by  adding  that  the  above  traffic  is  now  discountenanced  and  prohibited  by  the 
present  well  known  and  benevolent  course  of  policy  pursued  by  the  American  Gov- 
ernnieut  towards  the  wild  and  uncultivated  aborigines  of  the  country. 

The  other  circumstance  mentioned  by  his  excellency  was  that,  as  the  Russian 
American  Fur  Company  were  particularly  interested  in  the  decision  of  the  question, 
he  conceived  it  to  be  his  dnty  to  cousult  its  directors  before  he  could  give  a  iiual 
answer. 

It  is  not  often  that  those  who  enjoy  a  nmnopoly  under  a  liberal  grant  from  an  indul- 
gent sovereign  will  be  willing  even  to  modify,  or  permit  others  to  |iarticipate  in,  any 
portion  of  their  privileges.  But,  in  the  present  instance,  it  nnist  be  recollected  that 
»'ieh  a  concession  is  not  embraced  in  the  proposition  submitted  without  a  fair  equiva- 
lent; for  the  privilege  to  tish  and  ti'afflc  north  and  south  of  the  latitude  of  54°  40' 
would  rest  upon  the  just  principles  of  reciprocity. 

Whether  any  prejudicesfir  individual  interests  exist  having  a  tendency  to  disincline 
His  Imperial  Majesty  to  assent  to  a  renewal  of  the  expired  article  of  t)io  treaty  of 
1824,  or  how  far  such  prejudices  or  interests,  if  they  do  manifest  themselves  on  the 
part  of  individual  gentlemen  of  the  first  respectability,  ought  to  inlluence  the  action 
of  Governments  upon  a  question  of  general  im])ort  and  etfecting  national  and  amica- 
bla  intercourse,  is  not  for  the  undersigned  alone  to  determine.  It  is  enough  for  him 
to  know  that  the  views  in  1824,  which  produced  the  provision  contained  in  the  fourth 
article,  have  been  tested  by  experience,  and  the  results  being  mutually  beneficial  and 
convenient  prove  their  pro|)riety. 

To  justify  the  presumption  that  the  annual  visits  of  American  ships  in  the  prosecu- 
tion of  their  adventures  upon  the  northwest  coast  are  sometimes  very  convenient  and 
must  bo  beneficial  to  the  Russian  settlements  and  ])ortB  in  that  distant  and  not  pro- 
ductive climate,  the  undersigned  takes  leave  to  refer  to  a  contract  made  within  a 
few  days  by  the  Russian  American  Fur  Company  with  au  American  citizen  for  sup- 
plies to  their  agents  and  ports  for  the  ensuing  year. 

Should  the  undersigned,  however,  be  disappointed  in  the  reasonable  expectation 
he  has  formed,  and  the  Imperial  Government  be  unwilling  to  entertain  the  proposal 
to  renew,  either  indefinitely  or  for  anotherterm  of  years,  the  provisions  of  the  article 
of  the  treaty  referred  to,  he  requests  that  his  exeellency'Count  Nesselrode  will  do  hira 
the  favor  to  inform  hira  in  regard  to  the  measures  adopted,  or  propose<l  to  be  adopted, 
on  the  part  of  Russia  in  relation  to  the  adnnssiou  of  American  vessels  into  the  har- 
bors, bays,  and  rivers  of  the  Russian  settlements  on  the  northwest  coast  of  the 
American  continent.  The  happy  understanding  which  jirevails  between  the  two 
Governments,  the  desire  to  avoid  any  casual  difference,  and  the  probable  necessity  for 
corresponding  measures,  will  readily  indicate  the  motives  which  prompt  this  request. 

The  undersigned  can  not  close  this  note  without  repeating,  very  earnestly,  his  wish 
to  be  ])ut  in  possession  of  the  answer  of  the  imperial  nuuistry  upon  the  two  subjects 
to  whicli  their  attention  is  directed. 
The  undersigned,  etc., 

W.M.  Wii.::tn8. 


[Tnclosure  2  in  Mr.  "Wilkins's  No.  14. — Tiiiuslntion.] 

Count  Nvsselrode  to  Mr.    ff'iJkina. 

St.  1'ktkusijurg,  Xovemher  8,  IHSf). 
The  undersigned,  as  he  had  the  honor  to  announce,  did  not  fail  to  submit  to  the  de- 
partment of  finance  the  subject  of  the  memorandum  addressed  to  him  on  the  2nd 


230 


SEAL    FISHERIES    IN   HEKING    SEA. 


OctoLer  (4tli  Noveiiilicii)  hy  Mr.  Wilkiiis,  envoy  extnioi<liiijiry  anil  minister  plenipo- 
tentiary of  tlio  United  States  of  America,  reMpecting  tlie  renewal  of  the  fourtli  article 
of  tbe  treaty  of  April,  1824. 

The  nndersiKiiod,  uh  soon  as  he  has  obtained  the  opinion  of  the  proper  authorities 
and  received  the  orders  of  the  Emperor,  will  immediately  eommunicatt)  to  Mr.  Wilkins 
the  ]>oint  of  view  nnder  which  the  )>ro))08ition  of  his  Govt^nment  is  rejjanhid  here. 
He,  however,  reipiests  Mr.  Wilkins  to  hear  in  mind  that  the  Ini]>erial  (iovernment, 
in  examining  this  proposition,  will  lose  sight  of  none  of  those  considerations  which 
Hbould  iixlnce  it  more  strongly  to  cement  the  amicable  relations  now  existing  between 
the  two  Governments, 

Contenting  himself  for  the  present  with  this  answer  to  tho  note  of  Mr.  Wilkins  of 
the  Ist  (llUh)  of  November,  the  nndersigued  seizes,  etc., 

Nessklijodk. 


Xo.  isa. 


No.  IG.J 


Mr.  Wilkins  to  Mr.  Forsyth. 

Legation  oi'  the  IInited  States, 

)St.  retersburu,  December  11,  J8;>."i. 


Siu:  As  I  anticipated,  when  I  last  \vrot«^,  I  liclil  with  Count  Nessel- 
rode,  at  tlie  loreij;n  ollice,  on  ^londay  last,  the  7th  instant,  a  i)ersonal 
conffcieuee  upon  niy  proposition  to  renew,  either  indeliuitely  or  for  a  term 
of  years,  the  fourth  article  of  the  treaty  of  Ai)ri],  18U4,  and  I  regret  to  be 
contpelled  to  say  that,  in  this  efiort,  at  all  events  for  the  ])resent,  I  have 
been  unsuccessful ;  and  I  presume  the  overture  will  be  tiiniUy  altogether 
rejecte«l,  unless  some  new  and,  to  me,  unfoi  e^een  circumstances  turn  up. 

1  was  well  aware  that  I  should  have  to  encounter  the  decide<l  oppo- 
sition of  the  Russian  American  Fur  Company  ;  and  in  presenting  the 
subject  to  the  vice-chancellor  in  the  various  lights  in  which  it  struck 
my  mind,  I  took  the  ground  that  it  was  not  a  mere  interested  and  seltisU 
question  of  gain  in  the  traffic  upon  the  northwest  coast,  but  one  of  a 
higher  character,  involving  political  and  national  considerations;  that 
whilst  I  was  very  willing  ai  admit  the  more  ai'tive  commercial  enter- 
prise amf  superior  shipping  of  the  citizens  of  the  United  States,  yet  this 
was  a  question  not  to  be  decided  by  such  circumstances,  but  should  turn 
upon  the  consideration  of  our  national  good  will  and  our  amicable  and 
disinterested  reciprocal  intercourse.    *    *     • 

Inasmuch  as  it  seemed  to  me,  by  the  language  of  your  instructions, 
that  you  ])referred  an  indetinite  revival  of  the  fourth  article,  I  drew  up, 
to  that  effect,  the  form  of  a  treaty,  following,  as  a  ])recedent,  the  arti- 
cles of  our  convention  with  England  of  the  Oth  of  August,  1827; 
which  I  submitted  to,  and,  at  his  desire,  left  in  the  po-ssessiou  of 
Count  Xes.'-elrode.     A  copy  is  herewith  transmitted. 

At  the  c'ose  of  the  conference,  I  requested  Count  Nesselrode  to  give 
me  his  reply  in  writing.  He  acquiesced,  and  accordingly  sent  me  his 
oflicial  not  3,  dated  on  the  28th  ultimo  (old  style),  and  a  copy  of  which 
I  have  also  the  honor  to  inclose  to  you. 

During  our  conference,  I  did  not  feel  myself  authorized  to  call  the 
attention  of  the  Imi)erial  minister  to  what  might,  or  i)rol)ably  would 
be,  the  construction  by  the  United  States  upon  the  treaty,  with  the 
fourth  article  extinct;  nor  what  rule  of  the  law  of  nations  would  be 
considered  as  applicable  to  the  case,  and  controlling  the  trade  upon  a 
wild 'and  extensive  American  coast,  of  a  great  and  open  ocean,  and 
still,  with  the  exception  of  a  very  few  posts  at  a  vast  distance  from 


8I:AL    fisheries    in   BERING    SEA. 


231 


each  other,  in  the  rightful  occupancy  of  the  natives,  and  to  which,  I 
believe,  the  sovereignty  of  llussia  has  not  yet,  in  any  treaty  or  con- 
vention, been  admitted. 

I  found,  also,  upon  turning  to  the  treaty  of  1825,  between  Kuaaia  and 
Great  Britain,  subsequent  to  writing  my  note  of  the  Ist  (Kith)  of  last 
month  to  Count  Nesselrode,  that  my  reference  therein  to  the  tirat  and 
eleventh  articles  of  our  treaty  of  the  6th  (18th)  December,  lh32,  with 
this  country  had  no  bearing  upon  and  was  inapplicable  to  tlie  (juestion 
I  was  then  discussing;  because  the  stipulations  in  their  treaty  with 
Great  Britain,  similar  to  that  contained  in  our  fourth  article,  were  like- 
wise limited  to  ten  years,  and  had  expired  in  February  last.  At  the 
interview  on  JNIonday  last  I  gave  this  ex])lanation  to  Count  Nesselrode, 
who  answered  my  observations  by  saying  that  England  had  not  yet  ap- 
plied for  a  revival  of  th'e  mutual  privilege,  and  if  it  should  besjgreed  to 
with  that  ])ower,  would,  of  course,  and  of  right  by  treaty  stipulation,  be 
immediatelj'  given  to  the  United  States. 

I  am  informed  that  our  vessels  generally  trade  between  latitudes  50^ 
and  57°,  and,  occasionally,  go  still  further  tiorth.  The  English  are  al- 
ways to  be  found  on  the  coast,  have  trading-posts  established  along  it, 
some  of  whi(;h  are  south  of  latitude  54°  40'. 

The  principal  establishments  of  the  Russians  are  called  Sitka  and 
New  Archangel,  towns  situated  upon  adja(!ent  islands  of  their  respective 
names,  oft'  Norfolk  Sound,  and  in  latitude  57°  north.  Archangel  is  their 
chief  place,  wliere  they  keej)  up  a  garriso'i,  established  in  1800,  of  about 
seven  hundred  men.  They  have  other  trading-posts,  and  two  or  three 
small  garrisons  between  Behring's  Straits  and  Sitka.  In  the  winter  sea- 
son, when  their  people  are  all  collected  at  the  posts  upon  the  coast,  they 
amount  to  about  two  thousand.  They  now  build  vessels  upon  the  coast, 
and  are  increasing  the  number.  Last  year  they  had  four  or  five  ships 
of  a  burden  from  175  to  250  tons,  and  seven  or  eight  sloops,  or  smaller 
vessels,  of  about  100  tons  each. 


I  have,  etc., 


William  Wilkins. 


[Inclosnie  1  in  Mr.  Willtins'a  No.  16.] ' 

Draft  of  a  convention  renewing  indefinitely  the  fourth  article  of  the  treatfi  of  the  i\th  (l7tA) 
of  April,  1824,  between  the  United  States  of  America  and  the  Jimperor  of  all  the  Ilusniaa. 

Art.  I.  The  proviHions  of  tlie  fonrtli  article  of  t.lie  convention,  coiujlnded  l)t!twoon 
the  United  States  of  America  anil  Hi^sliiipeiial  Majesty  the  Emperor  of  all  the  llnsaias, 
on  the  nth  (I7th)  of  April,  I8'i4,  shall  he,  and  they  are  hereby,  rciieweil  and  indefi- 
nitely extended  and  continued  in  force  in  the  same  manner  as  if  all  the  provisioua  of 
the  said  articie  were  herein  si)ocially  recited. 

Akt.  II.  It  shall  be  competent,  however,  to  either  ftf  the  hi;?h  contracting  parties, 
in  case  either  should  think  lit,  at  any  time  after  the  1st  day  of  January,  18:57,  on  giv- 
ing flue  notice  of  twelve  months  to  the  other  party,  to  annul  and  abrogate  this  con- 
vention, and  it  shall,  in  such  case,  he  accordingly  entirely  annulled  and  abrogated, 
after  the  exi)iration  of  the  said  term  of  notice. 

Akt.  III.  Nothing  herein  contained  shall  be  construed  to  impair,  or  in  any  manner 
affect,  further  than  is  expressly  declared  above,  any  of  the  provisions  or  stipulations 
contained  in  the  aforesaid  convention  of  the  5th  (I7th)  of  April,  1824. 


IF^ 


,  -I 


232  SEAL    FISHERIES    IN    BERING    SEA. 

[IiiclOHuro  2  ill  Mr.  WilkiuH'H  No.  16.— Translation.] 
Count  NeHsehodc  to  Mr,  Jf'ilkins. 

St.  PKTKU8BUKG,  November  2H,  1835, 

The  Iiiiiu'iial  Govcmnu^iit  having  taken  intnconHiderjitiot]  the  i)ro]>oHition  made  by 
that  o)  tli(^  United  Stiites,  to  renovv  the  fourth  article  of  the  couveutiou  of  5th  (17th) 
of  April,  18:i4,  has  been  convinced  that  it  was  irnposHiblo  to  pronounce  upon  that  Hnb- 
ject  lint  il  information  had  been  received  from  the  jihices  where  the  said  article  would 
be  enforced,  snfticient  to  authori/.e  an  opinion  upon  the  propriety  of  such  a  meaHure. 
The  Iini)erial  Government  can  not,  however,  expect  to  receive  such  information  until 
towards  next  Hprin^,  when  it  may  be  obtained  irom  Mome  of  itu  othcers,  whom  a  Ion;; 
residence  on  the  northwest  coast  of  America  has  enabled  to  become  well  acquainted 
with  the  interests  and  wants  of  the  Russiau  establishments  in  those  countries,  aslwell 
as  the  intlnenco  already  exercised  upon  their  prosperity  by  the  provisions  of  the^said 
fourth  article. 


.• 


Nksselrodb. 


No.  184. 

M^r.  Forsyth  to  Mr.  Dallas. 

No.  3.J  Department  of  State, 

Washington^  May  4,  1837. 

Sir:  I  regret  to  liave  occasion  so  soon  again  to  atlvert  to  a  subject 
connected  with  the  claims  of  the  United  States  to  the  right  of  trading 
with  the  natives  of  the  country,  and  of  fishing  on  the  northwest  coast 
of  this  continent.  You  will  i)erceive  from  a  perusal  of  the  accompany- 
ing pa])ers  that  the  expiration  of  the  fourth  article  of  the  convention  of 
1824  with  Russia  is  not  unlikely  to  be  attended  with  ditliculties  to  our 
citizens  frequenting  that  coast  in  pur.suit  of  lawful  objects.  The  lead- 
ing fentures  of  the  case,  to  which  your  attention  is  now  invited  (the 
particulars  of  which  are  more  fully  detailed  \\\  the  inclosed  co])y  of  a 
letter  dated  24th  November  last,  from  J.  (J.  Jones,  consul  of  the  United 
States  at  the  Sandwich  Islands,  to  this  Department,  and  of  the  i)rotest 
to  which  it  refers),  are  as  follows:  * 

The  American  brig  Loriot,  Bliun,  master,  s:iiled  from  the  Port  of  Oahu 
on  the  22d  of  August  last,  bound  to  the  northwest  coast  of  America, 
for  the  purpose  of  procuring  i)rovisions,  and  also  Indians  to  hunt  for 
sea  otter  on  the  said  coast.  It  a))pears  that  she  made  the  land  called 
Forrester's  Island  on  the  14th  of  Septeniber  following,  and  on  the  15th 
anchored  in  the  harbor  of  Tuckessan,  latitude  54°  55'  north,  and  longi- 
tude 132°  30'  west;  that  on  the  18th  a  Russian  armed  brig  arrived  in  the 
harbor  of  Tateskey,  latitude  54°  45'  north,  and  longitude  132^55' west; 
that  on  the  succeeding  day  the  Loriot  was  boarded  by  officers  from  the 
Russian  brig,  Avho  orderetl  the  captain  of  the  American  vessel  to  leave 
the  dominions  of  His  Majesty  the  Emperor  of  Russia;  that  Captain 
Blinn  then  repaired  on  board  the  Russian  brig,  where  the  same  orders 
were  repeated  to  him  by  the  commander;  that  on  the  20th  and  23d 
days  of  the  same  month  these  orders  were  reiterated ;  that  on  the  25th 
the  Loriot  was  boarded  by  two  armed  boats  from  the  Russian  brig,  and 
directed  to  get  under  weigh  and  proceed  to  the  harbor  of  Tateskey; 
that  on  the  27th  the  armed  lioats  again  boarded  the  American  brig,  and 
compelled  the  cai)tain  to  proceed  to  Tateskey :  that  when  oft"  that  place, 

*  For  these  papers  see  Senate  Document  1,  25th  Couj^ress,  3d  session. 


SKAL    FISHEKIKS    IN    HKlilNO    SEA. 


233 


the  woiitluT  lu'inj;' *tliieiit<Miin{i,  iH'rmission  was  askt'd  of  the  IliisHian 
comiiiaiuU'r  to  enter  the  haihur  with  tlie  Loriot,  \\\\'n:\\  ie<|uest  was  de- 
nied, and  ('aptaiii  lilitin  was  ajiaiii  or(hMed  t«)  leave  tlie  waters  of  Mis 
Iinjierial  Majesty;  and  that  Captain  IJlinn,  bein^  prevented  troni  pro- 
curing; hUi>plies  or  necessaries  I'or  Ids  vessel  and  from  obtaining  any 
Indians  (lor  the  i)urpose  of  huntin}>"  sea-  otter),  was  finally  oblijjed  to 
abandon  his  voyajje  and  retnrn  to  the  Sandwich  Islands,  where  ho  ar- 
rived on  the  1st  of  November  of  the  same  year. 

Tlie  harbors  desi^nate<l  in  Captain  Jilinn's  ])rotest  by  the  names  of 
Tuckessan  and  Tateskey  are  not  laiil  down  on  any  maj»  to  which  1  have 
referred,  and  the  Departnient  has  no  knowledjje  of  any  Kussian  estab- 
lishments having  been  formed  on  the  northwest  coast  or  adjacent 
islands,  ifi  or  about  the  latitude  given  for  these  places.  It  will,  there- 
fore, be  proper  to  ascertain  whether  there  are,  in  fact,  Russian  settle- 
ments at  the  points  designated,  and,  if  so,  you  are  anthorized  to  make 
a  representation  ot  the  whole  subject  to  His  Imperial  Majesty's  Govern- 
ment, complaining  of  the  proceedings  in  relation  to  the  Lorioty  which 
are  supposed  to  have  been  unauthorizedly  instigated  by  the  KussiaD 
American  Fur  Company,  and  stating  that  the  President  can  not  but  re- 
gard this  act  as  one  of  a  most  unfriendly  character,  as  the  United 
States  have  had  no  ofticial  or  other  notice  of  the  existence  of  such  es- 
tablishments, and  have  not.  although  an  application  has  long  since  been 
made  for  them,  ever  been  furnished  by  the  Uussian  Governnient  with 
the  regulations,  consequent  on  the  exjuration  of  the  fourth  article  of 
the  convention,  proposed  to  be  ajtidied  to  American  vessels  resorting 
to  Russian  settlements  on  that  coast. 

On  the  other  hand,  should  there  prove  to  be  no  Russian  establish- 
ments at  the  places  nientioned,  this  outrage  on  the  Loriof  assumes  a 
still  graver  asi)ect.  It  is  a  violation  of  ihe  right  of  t!ie  citizens  of  the 
United  States,  immemorially  exercised,  and  secMired  to  theni  as  well  by 
the  law  of  nations  as  by  the  stipulations  ol'  the  first  article  of  the  con- 
veutiuu  of  18L'4,  to  tish  in  those  seas,  and  to  n-sort  to  the  (roast,  for  the 
prosecution  of  their  lawMd  (!on)mer(!e  uiK»n  points  not  alrea«ly  occupied. 
As  such,  it  is  the  Presiih'ut's  wish  that  yt)u  sliould  remonstrate,  in  an 
earnest  but  respectful  tone,  against  this  groundless  assumption  of  the 
Russian  Fur  Compaiiy,  an<l  claim  from  His  lrn])erial  Majesty's  Govern- 
ment for  the  owners  of  the  brig  Lor  lot,  lor  their  losses  and  for  the 
damages  they  have  sustaiju^l,  such  indemnitication  as  may,  on  an  in- 
vestigation of  the  case,  be  found  to  be  justly  due  to  them. 
I  am,  etc., 

John  Forsyth. 


No.  185. 


Mr.  Dallas  to  Mr.  Forsyth. 

No.  G.J  American  Legation, 

St.  Petersburg,  August  10,  1837. 
SiB:  •  •  *  Among  the  special  duties  assigned  to  me  in  the  in- 
structions from  the  Department  are  those  relating  to  the  renewal  of  the 
fourth  article  of  the  treaty  of  1824,  by  your  dispatch  No.  2,  and  those 
arrising  out  of  the  case  of  the  American  brig  Loriot,  Richard  I).  Blinn 
master,  by  your  dispatch  No.  3.  1  have  been  anxious  to  address  my- 
self to  the  imperial  ministry  on  both  these  topics,  the  mutual  connec- 


234 


SEAL    FI8HERn:8    IN    IlKRING    SEA. 


tioii  of  wliioli  is  appaiviit;  but  aiificiipiitiri};  at  the  oiitHcit  nuich  difticulty 
in  nccomplisliin^  any  jmrpose  opposed  by  tlio  fur  company,  ])i'ii(U;nce 
imiHils  mo  to  at'(|uire,  if  i)oH8ibIy,  with  moio  accuracy  tiuin  I  now  pos- 
sess it,  information  as  to  tiio  ♦•xtcnt  of  the  Uussian  establishments  on 
the  northwestern  coast,  and  the  periods  of  their  respective  commence- 
ments. My  ett'orts  in  Ijon«lon  to  a.scertain  tlie  ])()sitions  of  the  two  liar- 
bors  referred  to  by  Captain  JJlinn,  Tuciiessan  atul  Tateskey,  and  tlieir 
real  character,  were  abortive,  the  j;eo};ra|)lier  on  whom  I  principally 
relied  writing  to  me,  the  evening;  before  I  left  the  Jiritish  metropolis, 
that  his  searches  proved  unproductive.  An  incpury,  to  be  cautiously 
conducted,  has  been  set  on  foot  since  my  arrival  iiere,  in  the  hope  that 
some  of  the  otticers  of  the  Russian  navy,  or  some  communicative  mem- 
ber of  the  fur  comj)any  itself,  may  possess  the  facts  I  want,  and  may 
enable  me  to  move  with  less  doubt  atid  less  danj^er  of  mistake.  Al- 
though from  the  language  of  Captain  Blinn's  protest  I  am  led  to 
believe  that  rissi.cU  establishments  have  been  made  at  the  ])laces 
where  he  experianced  the  interference  of  which  he  con»plains,  it  would 
not  seem  i)oliti«  to  begin  the  negotiation  by  an  admission  which,  though 
it  might  leave  he  nnfriendliness  of  the  proceeding  for  comment,  must 
weaken,  if  not  wholly  destroy,  his  claim  for  redress.  As  soon  as  the 
incpiiry  instituted  shall  either  succeed  or  fail,  the  snl)iect  will  be  t>i)ened 
to  Count  Nesselrode,  and  1  can  not  anticipate  more  than  one  or  two 
weeks  of  additional  delay. 

Permit  me,  while  on  this  to]>ic,  to  remark  that  I  can  not  ludp  fore- 
seeing some  |)erplexity  from  the  construction  which  will  be  urged  l>y 
the  Itussian  ministry  lor  the  treaty  of  April  17,  ISL't.  The  first  article 
asserts  for  both  countries  general  and  permanent  rights  of  navigation, 
fishing,  and  trading  with  the  natives  upon  points  not  occupied  by 
either,  north  or  south  of  the  agreetl  parallel  of  latitude,  sul>jt'Ct 
enumerated  restrictions,  among  which  is  the  fourth  article,  limit 
as  it  would  seem,  the  exercise  ot  certain  of  ihese  very  rights  to  at. 
often  years.  Our  negotiator,  Mr.  Middleton,  as  heexplaine«i  in  a  sub- 
sequent  di8i)atch  to  the  Dejiartment  of  State,  contemplated  no  abandon- 
ment of  their  rights  either  in  principle  or  as  a  compromise,  in  thi^  pres- 
ent or  future  time,  but  on  the  contrary  repelled  a  clause  proposed  to 
bim  expressly  for  that  purpose,  and  regarded  the  fourth  article  as  en- 
larging, not  restricting,  the  privileges  provided  for  in  the  first.  My 
conviction,  however,  arisii/jg  from  the  language  of  the  Russian  precau- 
tionary" re<*,ord  or  protocol  (which  Mr.  Middleton  rather  avoided  than 
rejected),  is  that  Count  Nesselrode  will  deem  himst  If  and  Mr.  Poletica 
to  have  attained  by  this  fourth  article,  though  with  the  use  of  other 
words,  the  substance  of  the  clause  to  which  Mr.  iMiddleton  objected, 
and  that  lie  will  consider  both  Governments  to  have  buried  all  con- 
troversy about  the  rigi»ts  inci<lent  to  the  prior  discovery  of  savage  and 
unoccupied  lands,  and  to  have  consented  that,  at  the  expiration  of  the 
ten  years,  the  United  States  should  bo  esteemed  to  possess  in  full  do- 
main the  coast  and  islands  to  the  south,  and  Russia  the  coast  and 
islands  to  the  north,  of  54°  40'  north  latitude. 

He  may  ask,  and  with  some  plausibility,  with  what  other  object  the 
fourth  article  was  framed  ?  It  uses  no  phraseology  tantamount  to  "es- 
tablishments" or  "settlements,"  or  "jioints  already  occupied  ;"  but  pro- 
tects from  any  hindrance  for  ten  years  only  the  power  to  frequent  the 
interior  seas,  gulfs,  harbors,  and  creeks  upon  the  coast,  for  the  purpose 
of  fishing  and  trading  with  the  natives — a  power  already  duly  enunci- 
ated without  iiniit  of  time,  for  both  countries,  by  the  first  article;  and, 
if  it  was  not  intended  njutually  to  yield  the  power  in  relation  to  the 


SKAL    FISIIKKIES    JN    liEKING   SKA. 


235 


sections  divided  l»y  tlu^  i»aiall«'l  of  latitude  at  tlio  expiration  of  the 
term,  why  di«tnrb  tlie  operation  of  tlie  lir.st  article  at  all '!  A  closer 
anal.v.si8  of  the  negotiation  of  18li4  may  |)oMsil)ly  «liHpel  these  snjjp'Mtions ; 
or  it  will  fjive  me  i)leasure  to  (ind  my  apprehensions  removed  by  the 
candor  of  the  vice-cluincellor ;  and,  at  all  events,  I  shall  nev'er  accpiiesco, 
until  instrncted  t»)  do  so  by  yon,  in  :i  construction  so  opj)osite  to  the  in- 
tentions of  ]\Ir.  Middleton,  and  so  conclusive  as  to  all  further  claim  of 

the  United  States. 

•  *••••• 

1  have,  etc., 

G.  M.  Dallas. 


No.  180. 


Mr.  DaUuH  to  Mr.  Forsyth. 


No.  7.] 


American  Legation, 
St.  retertilmrff,  Septcinlnr  ^,  ix.'lT. 
Sir:  Since  my  last,  dated  the  l(»th  of  Anjiust,  1837,  and  sent  by  the 
courier  of  the  Enjilish  lej-ation,  1  have  aihiressed  to  (omit  ^scsselrode 
the  communication  of  which  a  co]iy  is  annexed. 

•         .      «  •  *  «  «  * 

1  have,  etc., 

G.  M.  Dallas. 


I  IiuloMun'  in  Mr.  Diilliis'.t  No.  7.  ] 
Mr.  Ddllax  to  Count  yt's8clro(le. 

Amkuican  Lkgation,  Auijust  L'»  (-^7),  is:i7. 

The  niidersifiiU'd,  envoy  extraordinary  and  niinistor  plt-nipotentiary  of  the  ITnited 
States  of  America,  has  tlie  lionor  very  respectfully  to  invite  the  attention  of  hisex- 
celleucj  the  viee-chiineellor  of  the  Empire  to  the  following  snhject,  specially  given 
to  him  in  charge  as  calling  for  an  early  submissiou  to  the  consideration  of  the  Im- 
perial Government. 

It  will  doubtless  be  reniomhered  that  l)y  the  perpetual  conventioii  of  the  5th  (17th) 
of  April,  1824,  signed  by  his  excellency  Count  Nesselrode  an<l  Mr.  Polelica  on  behalf 
of  Russia,  and  l)y  Mr.  Henry  Middleton  on  behalf  of  the  United  States,  it  was  agreed 
thatiu  any  p.art  of  the  gre.at  ocean  commonlv  called  the  Pacilic  Ocean,  or  South  Sea, 
the  respective  citizens  or  subjects  of  the  high  contracting  powers  should  bo  nc^ither 
disturbed  nor  restrained,  either  in  navigation  or  in  fishing,  or  in  the  jxiwer  of  resort- 
ing to  the  coasts,  upon  points  which  may  not  already  have  been  occupied,  for  the  pur- 
pose of  trading  with  the  natives  ;  that,  to  prcivent  the  rights  of  navigation  and  if 
fishing,  exercised  upon  the  great  ocean,  from  liecoming  the  pretext  for  an  illicit 
trade,  the  citizens  or  subjects  of  either  country  >*lioiil(l  not  resort,  without  permission, 
to  any  establishinent  of  the  other;  and  that  there  should  not  be  formed  to  the  north 
of  r)4°  40' of  north  latitude  by  the  citizens  of  the  I'nited  States,  nor  south  of  that 
j)arallel  by  Russian  subjects,  any  establishment  ujioii  the  northwest  coast  of  America. 
It  was  declared  by  the  fourth  article  to  be  understood  that  during  a  term  of  ten  years, 
counting  from  the  signature  of  the  convention,  the  sliijis  of  both  countries  respect- 
ively might  reciprocally  frequent,  without  any  liindriince  whatever,  t'le  interior  seas, 
gulfi,  harbors,  and  crooks  upon  the  said  coast,  for  the  purpose  of  fishing  and  trading 
with  the  natives. 

The  permanent  powers  to  navigate,  to  fish,  and  to  resort  to  the  coasts  npon  unoc- 
cupied points,  in  order  to  trade  with  the  natives,  thus  mutually  recognized  in  a  spirit 
of  forecasting  friendship,  which  removes,  by  explicit  assurances,  every  jiossible  cause 
of  collision  or  jealousy,  and  has  always  characterized  the  relations  and  intercourse 
of  the  two  governments,  would  seem  to  be  unequivocally  distinct  and  precise.  It  is 
to  a  vague  and  perverted  condition  of  things,  consequent,  in  a  great  degree,  upon  the 
expiratiou  of  the  temporary  provision  of  tlie  fourth  article,  much  rather  than  to  any 


. 


J 


23G 


.SEAL    FISHERIES    IN    BERING    SEA. 


iniinicnl  iiiitioniil  policy,  tluit  the  'iii'lcrsii^iHMl  iin|)\it<'s  tlio  iiici<l(Mii,  so  (Intriiiioutal 
to  tlic  iiiltTi'Hl  ol'  an  Aiiiciican  cit;;:.  ii  and  so  incdMipatililu  with  the  rii^hts  ol"  liiw  coun- 
try, wliich  is  now  subniittcfl  to  tlio  just  and  cundiil  consideration  of  his  excelloucy 
Count  NrsNi'lrodc. 

[Hi'io  followH  a  statt'inont  of  th<>  oaso  of  tho  Loriot,  suhstantially  the  sanie  as  that 
given  aliovd  in  Mr.  Forsyth's  instructions  of  May  4, 18:57.] 

Tilt'  nn<h'rsi)j;ncd  is  nnwillin<f  to  make  to  his  excellnne.\  Count  ^  ssclrodo  the  re- 
marks naturally  suj^gested  by  this  brief  statenit^nt  of  facts  (wiiose  aiithenlicity  ho 
can  not  iloubt),  until  every  ri'at.onable  am!  just  opportunity  shall  have  hoo.u  jjiveu  to 
the  Russian  otlif^ers  implicatcMl  to  temper,  if  possible,  their  harshness  by  explanation. 
His  tlrm  conlidence  in  the  tlispositi'^ns  Heretofore  (expressed  ami  Muinifested  towards 
his  country  precludes  his  HUi)i)osin}^,  for  on«!  moment,  that  a  proceeding  so  unfriendly 
in  its  nature  and  cireuiubtaiu'es,  and  so  iiu;onsistent  with  the  rij^hts  of  Amerjcau 
citizens,  inuneinorially  exercised  aiul  smu  ed  by  the  laws  of  nations,  th  well  as  by 
the  stipulations  of  the  first  article  of  the  treaty  of  18*24,  was  authorized  by  His  Im- 
perial Alajesty's  Government,  or  can  recseive  itw  sanction. 

Nevi'ttheless,  it  is  made  the  duty  of  the  undersigned  earnestly  and  most  respect- 
fully to  remonstrate  against  such  au  unwarranteil  aggression  by  persons  enjoying 
the  character  and  using  the  nunins  of  agents  in  the  Russian  service,  and  to  claim,  as 
he  now  »loes,  from  His  Imperial  Majesty's  Government,  for  th«i  losses  and  damages 
Hustained  by  the  owners  of  the  brig  Loriot,  such  indeninilicatiou  as  may,  on  an  in- 
vestigation of  the  case,  be  found  justly  their  dm*. 

In  the  sincere  hope  that  an  early  and  happy  adjustment  of  this  business  may  arrest 
its  tendency  to  excite  unkindness  of  feeling  between  the  citizens  and  subjects  of  the 
two  coui»tries,  the  undersigned  avails,  etc., 

G.  M.  Dallas. 


No.  187. 


Mr.  Forsyth  to  Mr.  Dallas. 

jS^o.  4.)  Department  of  State, 

Washington,  Xovemher  3,  1837. 

Sir  :  You  tlispatche.s,  Nos.  6  and  7,  of  tl'e  l(»th  of  August  aud  8tb  of 
SepttMiiber,  re>q)ectively,  have  been  duly  received  and  submitted  to  the 
President,  by  whom  I  am  directed  to  make  the  following  observations, 
with  reference  to  your  remarks  regarding  the  i>ioper  construction  of  the 
convehtionof  April,  iSi;i,  between  the  cJniced  States  andliussia. 

The  first  article  of  that  instrument  is  o'dy  declaratory  of  a  right 
which  tho  parties  to  it  po.ssessed,  under  the  law  of  nations,  without 
coDveniional  stipulations,  to  wit,  to  navigate  and  fish  in  tlie  ocean 
upon  an  unoccupied  coast,  and  to  resort  to  such  coast  for  the  purpoco 
of  trading  with  the  natives. 

The  second  article  ])rohibits  the  one  party  from  resorting  to  points 
occupied  by  the  other  without  permission. 

Tiie  third  article  prevents  each  party  from  occupying  new  points 
within  certain  limits. 

The  fourth  article  grants  permission  to  either  p.arty  to  frequent,  for  a 
specilied  term,  the  interior  seas,  gidfs,  harbors,  and  creeks  upon  the 
whole  northwest  coast  of  Amerit  i,  without  regard  to  limits  or  occupa- 
tion, for  the  purpose  of  fishing  jiiid  of  trading  with  the  natives  of  the 
oouiitry. 

TIu'  question  is  as  to  tho  uM'aning  and  object  of  this  last-mentioned 
article.  Is  it  to  be  interpreted  as  an  agreement  by  either  of  the  parties 
to  abandon,  after  a  specified  term,  the  right  to  resort  to  any  part  of  the 
coast  which  is  unoccupied? 

If  tlu^  fourth  arti<;le  is  to  be  considered  as  n]>plicable  to  ports  of  the 
coasc  unoccupied,  then  it  merely  provitles  for  tlie  temporary  enj«>ymeut 


SEAL    FISllEKIES    IN    BERING    SEA. 


237 


of  a  i)rivile{;e  which  existed  in  i)er])etuity,  under  the  law  of  nations,  and 
which  has  been  expressly  declared  so  to  exist  by  a  ]>revions  snlicle  of 
the  convention.  Containing'  no  ])rovision,therclore,  not  embraiu'd  in  the 
precedint;  article,  it  would  Ik»  useless,  and  of  no  etiect.  lint  the  ruU  in 
regard  to  the  construction  of  an  instrument,  of  whatever  kro.i,  is,  that 
it  shall  be  so  construed,  ii"  jiossible,  as  that  every  i)art  may  frtand. 

If  tlie  a? tide  be  construed  to  include  jjointsof  the  coast  :ilready  occu- 
I)ied,  it  then  takes  eflect,  thus  far,  as  a  temporary  excei)ti()n  to  a  per- 
petual ]»rohibitioij,  and  the  only  co'sequence  of  an  expiration  of  the 
term  to  which  it  is  limited  would  be  the  immediate  and  continued  oper- 
ation of  tiio  prohibition. 

It  is  still  more  reasonable  to  understand  it,  however,  as  intended  to 
grant  permission  to  enter  interior  bays,  etc.,  at  the  montls  of  which 
there  niijjht  be  establishments,  or  the  slio.es  of  whicli  mi{jht  be  in  part, 
but  not  wholly,  occui)ied  by  such  estabiishmei.ts,  tluis  j>rovi<liiij;  for  a 
case  which  would  otherwise  admit  of  doubt  as  without  the  fourth  arti- 
cle it  would  be  (piestionable  whether  the  bays,  etc.,  ilesciibed  in  it  be- 
longed to  the  tirst  or  secoml  article. 

In  iio  sense  can  it  be  understood  as  implying  an  ackn<)wle<lgnKjt  on 
the  part  of  the  United  States  of  the  right  of  Russia  to  tlie  possession  of 
the  cjast  above  the  latitude  of  54°  40'  north.  It  must  be  taken  in  con- 
nection with  the  other  articles  of  the  convention,  which  have,  in  fact, 
no  referenc/^  whatever  to  the  «|uestion  of  the  right  of  i)ossession  of  the 
unoccupied  parts  of  the  coast.  In  a  spirit  of  compro»Mise,.and  to  pre- 
vent futur«i  collisions  or  difficulties,  it  was  agreed  that  no  new  esuib- 
lishmetits  should  be  formed  by  the  respective  parties  to  the  n<irth  ot 
south  of  a  certain  i)arallel  of  latitude,  alter  the  conclusion  .A'  the  agree- 
ment; but  tlie  question  of  the  right  of  possession  beyond  the  existing 
establishments,  as  it  subsistetl  jireviously  to,  or  at  the  time  of,  the  con- 
clusion of  the  convention,  v*as  left  un»ouched.  The  Uruted  States,  in 
agreeing  not  to  form  new  establishment  to  the  north  of  latitude  54"^  40' 
north,  made  no  acknowledgment  of  the  right  of  Russia  to  the  territory 
above  liiat  line.  If  such  an  admission  had  been  made,  Russia,  by  the 
mvAc.  construction  of  the  article  referred  to,  must  have  acknowledged 
the  right  of  the  United  Btates  to  the  territory  south  of  the  designated 
line.  But  that  Russia  did  not  so  understand  the  article  is  conclusively 
proved  by  her  having  entered  into;<  similar  agreement  (ISL'o)  with  Great 
Britain ;  and  having,  in  fact,  acknowledged  in  that  instrument  the  right 
of  possession  of  the  same  territory  by  Great  Britain.  The  United  States 
can  only  be  considered  as  acknowleilging  the  right  of  Russia  to  ac(piire, 
by  actual  occni)ation,  a  just  cli?im  to  iinoccupietl  lands  above  the  lati- 
tude 540  40'  nor'h,  an«l  even  thi>  is  mere  matter  of  inference,  as  the  con- 
vention of  1824  contains  notlrng  more  than  a  negation  of  the  right  of 
the  United  States  to  occupy  new  ])oiuts  within  that  limit. 

Admitting  that  this  inference  is  just,  and  was  iti  contemplation  of  the 
parties  to  the  convention,  it  <'an  not  follow  that  he  United  States  ever 
inteuiled  to  abandon  the  just  right  aeknowled;  ',mI  by  the  first  article  to 
belong  to  them  under  the  law  «)f  nations — to  frecpient  any  part  of  the 
unoccupied  coast  of  North  Americsi  for  the  purimse  of  lishing  or  trading 
with  the  natives.  All  that  thecona'ution  admits  w,  an  inferemie  of  the 
right  of  Hussia  to  acquire  jmssession  by  settlement  north  of  54'^  40' 
north.  Until  that  actual  possession  is  taken,  the  first  article  of  the  con- 
vention acknowledges  the  right  of  the  United  States  to  flsh  ami  trade 
as  prior  to  its  negotiation.  This  is  not  oidy  the  just  construction,  but 
it  is  the  o;te  both  parties  are  interested  in  putting  upon  the  instrument, 


238 


8EAL    FISHERIES   IN    BERING    SEA. 


as  the  benefits  are  equal  and  mutual,  and  the  object  of  the  convention, 
to  avoid  converting  the  exercise  of  a  common  right  into  a  dispute  about 
exclusive  privilege,  is  secured  by  it. 
I  am,  etc., 

John  Forsyth. 


. ,  1 


Xo.  188. 

Mr.  Dallas  to  Mr.  Foray  tit. 

JS'o.  1").]        Legation  of  the  United  States  of  America, 

iSt.  Feternburg,  March  19,  1838. 
Sill :  The  departure  of  a  courier  from  the  Jiritish  legation  to  morrow 
enables  me  to  forward  to  you  coi)ies  of  two  notes  which  have  recently 
passed  between  Count  Nesselrode  and  myself.  They  originate  in  the 
claiin  advanced  on  behalf  of  tiie  owners  of  tlie  Loriot,  agreeably  to 
your  instructions  of  the  4th  of  May,  1837.  Their  interest,  however,  is 
far  more  extensive,  the  «'  ;  land  for  i)rivate  indemnity  being  merged 
in  a  question  of  nation  right,  an«i  the  interpretation  of  the  treaty 
negotiated  in  1821  by  my  predecessor,  Mr.  IMiddleton. 

I  have,  etc., 

G.  M.  Dallas. 


Ilnclnaiirn  1  in  Mr.  DalliiH'a  No.  15. — Translation.] 
Count  X(88tli'ode  to  Mr,  Dallas. 

St.  Pftkr-shukg,  February  23,  1838. 

Mr.  Dallas,  envoy  extrnonliiiary  and  minister  plenipotentiary  of  the  United  StateB 
of  America,  t)y  liis  note  of  the  l.'>th  (27th)  of  Aiijiust  last,  lias  thonfjht  proper  to  inter- 
pose in  behalf  of  the  claims  jtriferred  Ity  Richard  Blinn,  a  citizen  of  the  United 
States,  and  master  of  the  merchant  brijj  Loriot.  It  appears  from  the  above-mentioned 
note  that  in  I.S3()  this  vessel,  iiavini;  sailed  for  the  nortliwest  coast  of  Aiuericti,  ar- 
rived at  Forrester's  Island  in  latitude  of  54'^  55'  north,  with  the  intention  of  omploy- 
in;jc  the  natives  in  hnntinfj  for  sea-otters,  and  that  a  few  days  after  his  arrival  he  was 
ordered  off  by  a  brij^  of  the  Iiussian-America!i  Company,  withont  havinj;  been  able 
to  pursue  his  project.  Mr.  HUnn,  in  virtue  of  tin*  stipnhitions  of  the  convention  of 
the  fjtli  ( I7tii)  of  April,  \f*:'i\,  and  especially  of  the  first  article  of  that  (lonvention,  now 
prcf(«rs  complaints  against  tiie  <;oudu<'t  id'  the  Russian  bri^  towards  him,  and  asks  in- 
demnitication  for  tht^  losses  sustained  in  (!<)nsei|uence  l>y  the  i)ri»j>rietor8  of  the  Loriot. 

A  claim  of  this  nature,  preswuted,  too,  by  fie  reprHseutative  of  a  power  with  which 
Russia  is  anxious  to  cultivate  the  most  frii-iidly  rclatious,  deiuanded  the  most  serioui) 
attention  on  the  i>art  of  the  Imperial  ministry.  T'.ie  Russian-American  Co»npany 
was  accordingly  asked,  without  <lflay,  lor  minute  int'orniation  rfsjiectiuK  all  the  cir- 
cnraslances  connected  with  the  above-mentioned  facts,  in  order  tliat  it  mif^ht  be  ex- 
amined with  an  entire  knowledge  of  the  all'air.  This  information  has  not  yet  reached 
the  Imperial  ministry,  i.s  the  Kussiau-American  i'ompauy  has  not  to  this  moment  re- 
ceived any  special  rei>ort  conceruiujx  the  ordering  off  of  the  Lr,;'i<!t,  It  a|»i>ear8,  how- 
ever, from  t'le  circumstances  as  stated  in  the  very  note  of  Mr.  Dallas,  as  well  as  i.-om 
a  deposition  made  by  one  of  the  olHcers  recently  returnee',  frotn  those  countries.  Msat 
in  notifyinjj;  Mr.  Richard  HIinn  to  (piit  the  shores  whe.e  he  was,  the  coiuMiuider  of 
the  Russian  bri^  did  nothing;  intire  than  c  nform  with  the  itistructions  ^iven  to  him 
at  the  expiration  «f  tlm  fourth  artit  e  of  the  convention. 

By  examiniifj  tlm  stipulati()ns  of  that  (^invention,  with  the  spirit  of  eipiity  which 
marks  the  character  of  Mr.  Dallas,  he  will  be  convinced  that  the  Imperial  Govern- 
ment can  not  acknowledjj*  the  Justice  of  the  complaints  of  Mr.  Blinn. 

It  is  true,  indeed,  the  first  article  of  the  convention  of  lHv>l,to  whi<!h  the  proprie- 
tors oft  lie  Loriot  ai)peal,  securt>s  to  the  citizens  of  the  Uniti'd  States  entire  liberty  of 
navigation  in  the  Pacific  Ocean,  as  well  us  the  right  (d' landing  withtmt  disturbance 


SEAL    FISHERIES    IN    BERING    SEA. 


239 


upon  all  points  on  tlio  nortliwrst  coast  of  Anu-ric^a,  not  already  occnpicd,  and  to  trado 
with  tlie  natives.  Hnttliis  lilu'vly  of  navij^a  tinn  in  snliji'ct  to  certain  iMindition.s  and 
restrictions,  and  one  of  these,  restrictions  is  that  stipulated  hy  the  fourth  aitii:lt%  which 
lias  specially  limited  to  the  jieriod  of  ten  years  the  ri^iht  on  the  part  of  the  citizens 
of  the  I'liited  States  to  frei|nent,  \vilhi>nt  (li>tni  l>ance,  the  interior  seas,  the  j^nlfs, 
harhors,  and  creeks  north  of  the  latitude  of  ;'>!  4(1'.  Now  this  ])eri(id  had  exj)inMl 
more  than  two  years  Itet'orir  the  l.oi-lol  aiiclKired  in  tin-  harlior  of  Tnckessan.  In  I8;?r» 
the  Emperor's  minister  in  the  I'liitcd  States  had  received  orders  to  call  the  attention  of 
the  caliinet  at  Washinjfton  exprcsslv  to  tlie  circumstance  of  the  expiration  of  this 
Jieriod;  and  in  citnsti|ueiice  of  the  oilicial  note  addressed  on  iliis  snliject  liy  IJaroii  de 
Kriidener  to  the  Sccn'tary  of  State,  tlie  (iovcrimieiit  of  tlie  I'liilcd  States  caused  to 
lie  |inl)lished,  in  the  Wiishin.'jtou  ne\vs]ia|(er,  a  statement  thai,  as  the  perio<l  of  ten 
ysars  had  expired  on  the  llli  (d'Ajiril,  ]f'M,  "  I  he  ■;(»vernor  ol  the  Kiissian  colonies 
had  formally  notiliecl  the  comniainh^rs  of  American  vessels  in  that  (|ii.irtcr  that  they 
could  no  loiiijer  claim,  under  the  convention,  tht!  rii;ht  of  laiidiii!;  without  distinc- 
licni,  at  all  the  harbors  h('lon;;iii^  to  Kussia  on  this  coast.  " 

If,  then,  not  withstaiidiiijr  so  formal  a  warninj;'  which  the  (Jovcii.  nent-ofthe  United 
States  had  itself  aided  in  conveying  to  llie  knowieil^'c  of  tiie  cil  i/eiis  of  the  Union, 
the  owners  of  the  Loiiol  \cntured  uiion  an  ixpedil  ion  to  co.ists  where  they  had  for 
two  years  hceii  interdicted  'rmii  iMiidiiij;  it  appears  that  they  should  attrilinte  only  to 
themselves  the  ill  success  ot  t  his  enterprise,  and  that  the  Impi'iial  ( love^'iimeiit  can 
not  admit  their  cliiims.  nor  ackiiowled;;c  tiieir  t  iile  to  iinli'iiiiiilical  ion.  In  c<"'imiini- 
catiiij:;  Ihi'se  olisei' vat  ions  to  Mr.  Dallas,  ihe  nndersinned  llatters  hininelt  with  (he  he- 
lii!f  that  he  will  admit  the  justice  of  them,  and  caiise  then;  to  he  vimved  in  the  Maine 
lifilit  hy  liis  (iovernment. 

In  this  hope  In*  jirays  the  env»>y  to  accept,  etc., 

Nessei.rodi;. 


[Inclosare  2  in  Mr.  Diillan's  Nu.  !'<.] 
Mr,  Dalian  to  Count  Xinndrodf. 


St.  PicTKi{SBi:i!G,  March  5  (.7),  18:W. 

The  iindersi«>nod,  envoy  extraordinary  and  minister  >Menipotentiary  of  tlie  United 
States  of  America,  liad  the  lionor  to  receive  the  answer  of  his  ex<!ellency  ('onnt  Nes- 
Hfdrode,  vice-chancellor  of  the  Empire,  daii^d  the  "iad  Eelirnars,  It^'.l^,  to  tiie  commu- 
nication whicli  th<!  iindersijjned,  conl'onnahly  to  the  siiec.'ial  charj^e  of  his  Government, 
addresst^l  to  his  excellency  on  the  l.Mli  ('j/ili)  of  Au;?iist,  1h;j7,  in  relation  to  the  in- 
terference of  certain  of  his  Imperial  Majesty's  arinecl  fortes  with  the  merchant  brig 
Lori'it,  owned  ami  commanded  by  cif'  ens  of  (he  United  Siat<s,  and  jinmecuting  a 
trading  voyage  to  the  northwest  <'oas'   of  America. 

The  remoteness  of  the  regions  wliei>.  the  incident-j  occiirrod  which  constitute  the 
fonndntion  of  the  reclainati«)n  on  behalf  of  the  pa  lupirrMl,  and  the  known  ditli- 

ctilty  ofobtal     'ig  circumstantial  details  of  any  evci,  ha'  quarter,  (">!!!ic<rted  with 

the  assurance  of  his  excelleiicy  that  the  Im|ierial  niiiiisir>  had  gi\en  to  the  subject 
its  setiMiH  attention,  must  have  engaged  the  nndersigned  to  pnn  oteil  silence,  under 
the  conviction  that  everything  whicli  the  justice  of  the  case  ie<|iiire<l  would  iilti- 
niatelv  heattained.  The.note.  liowever.of  hisexcelleiicy.  ifiic(Mirati '  iiiiiierstood  dis- 
]»enHes  with  the  necessity  of  additional  information,  ami,  adoptinii  the  stateineiii  of 
facts  deriveil  hy  the  Aiiieric-an  (lovernmeiit  from  its  citizens,  would  seem  to  remove 
all  motive  for  further  delay.  An  earlv  notice,  therefore,  of  the  grounds  upon  which 
a  recognition  of  the  claim  has  been  detdiued  is  impelled  alike  by  a  profonm'  respect 
for  tilt)  source  whc'iet'  they  emanated,  and  by  a  seiisi'of  the  iiecnliar  import  m  <•  with 
which  they  bear  upon  the  relations  and  interests  of  the  two  countries. 

The  lif-lit  in  which  the  President  of  the  United  Slates  regarded  the  tnMituien*  of 
Captain  Hliiiii  precluded  the  iiosNibility  of  his  supposing  it  warranled  by  the  public 
authorities  of  Kiissin.  He  will  hear,  with  ]»aiiiful  siirinise,  that  tlu^  subordinate  '  y 
whom  that  treatment  was  inllic  teil  did  but  obey  tht^  iiistruciions  with  whjeli  In-  had 
been  furnished  in  coiise<pience  of  the  expiration  of  the  fourth  article  of  tin  >  .  en- 
tion  of  lH'i4. 

It  will  be  recol'ecteii  that  more  than  two  ami  a  half  years  ago  the  .Vnieri<nin  Sec- 
retary of  State,  Mr.  Forsyth,  in  a  letter  of  tin-  "Jlst  of  .liily,  H:*..'*.  addressed  t<»  His 
Imperial  Majesty's  minister  then  at  Washington,  the  Haioii  de  Kriideimr,  expressed  a 
wish  to  receive,  as  t-arly  as  jtraeticable,  precise  iiiforinatiou  of  the  measures  His  Im- 
))erial  Majesty's  Government  had  adopted  or  proposed  to  ;ido|it  in  ridation  to  the  ad- 
mission of  Ameri(!an  vesstds  into  the  htirbors,  b.-iys,  and  rivers  of  the  Russian  setthv 
iiients  on  the  northwest  coast  of  the  coiiliiienf  ;  thift  this  re(|iiest  was  reiteniteil  by 
Mr.  Wilkins,  the  predecessor  of  the  nndersigiietl,  in  a  commnnication  of  the  Ist  of 


irr^ 


240 


SEAL    FISIIEKIIiS    IN    BERING    SEA. 


.Novenihor,  1^;?");  iiTid  Mint  liis  cxct'lliMu^v  Count  NeHselrodo,  in  answer  thereto,  reftT- 
kinji  t(»  tlm  M|»riii;i  of  l.':i(!  as  tho  fiirliist  periixl  at  wliioh  an  exact  knowhid^^o  could 
bo  olitaint-dof  tbHnieasur»\s  which  the  local  aiithoritit^s  liail  a*lo|itc(l,  or  whi(!!i,it  wouhl 
1)6  uc(;csHary  to  ailopt,  left  n<<  rooiu  to  doubt  that  they  would  then,  or  as  hoou  as 
diyestfd,  l>e  made  known  to  tho  Ainericin  GovernuKMit.  This  inforniafciou,  ho  d<isira- 
ble  as  a  basis  tor  any  corresi)ondinn  measures  to  whicli  the  United  States  would  have 
been  ui<jed  by  their  uniform  (lis|iositioMs  of  amity  towards  Russia,  as  well  as  by  a 
provident  attention  to  the  ie;.;ul.irity  iiiid  security  of  their  own  commerce,  has  never 
l)eeu  imparted.  Had  the  puri>()rt  of  the.  iustructu)n,  under  which  the  Loriot  was  vio- 
lently seized  and  driven  from  her  voyajie,  been  conunuuicated,  it  would  iu)t  b.avo  been 
allowed  to  work  injury  ;tiul  Iocs  to  unollendintj;  iiers(ms,  without  at  least  bein<;  first 
made  the  object  of  caudiei  remonstrance,  or  of  precautionary  notice.  And  the  Presi- 
dent of  the  United  States,  unai)pri/,ed  of  these  rejiulatious,  or  of  the  particular  points 
of  the  northwest  coast  on  whi(!li  Kussia,u  establishmeTits  were  ue.wly  formed,  conld 
!iot  but  view  tin*  al)rupt  proeeeditij;  to  which  Captain  Blinn  was  subjected  as  an  act, 
under  any  as|>ect,  of  Ihe  iu(»st  unfriendly  (character.  How  far  tiiis  sentiment  will  be 
chanj^ed  orcinaii'ied  by  unexpectedly  findiuj^  the  sii<;htou  the  American  daf?  and  the 
armed  opiios'tion  to  Am<  rican  trade  to  h.ive  been  ordered,  and  to  be  now  sanctioned, 
by  tile  Ge.ernnu'ut  of  His  Imperial  Mjijt.Kty,  upon  the  i>rinciples  stated,  the  under- 
sifjned  can  not  ventur<>  to  foresee. 

Nor  is  tUe  "inf<>rm;il  notice"  (lyiuft  before  the  uud<'rsi;;ned)  pulilished,  at  the  re- 
peated request  of  IJaron  de  KrndtMier,  in  the  \Vashin<j;ton  Gloiie  on  the  Vi'-id  of  August, 
Iri:},'),  to  wliich  his  extielltuicy  has  referred,  susi',eptil)le,  in  the  estimatu)n  of  the  un- 
dersijfued,  of  a  construction  wliich  can  ascril)e  to  the  American  Govcirnment,  or  any 
of  its  citiztuis,  tlie  knowledj^e  ih:it  a  voyage  like  the  f>U(*  contemplated  l)y  Captain 
Blinn  was  inconsistent  with  any  colonial  intcirdict  or  general  pretension  of  the  Im- 
perial authorities.  Far  from  it.  That  pul)!ication,  while  characteristic  of  the  frank 
and  conlidiiif;  readiness  with  which  the  American  I'^xecutive  proceeded  to  execute  a 
wish  oxjiressed  l»y  a  power  wliose  intercourse  and  relati<uis  ins])ire  no  distrust,  com- 
pels, as  is  conceived,  with  unfcij'ned  ileterence,  the  opposite  construction,  and  im- 
l»orts  a  recojjuition  of  tlu^  entire  Lawfulness  of  such  a  voya>;e.  In  this  spirit,  and  in 
this  only,  was  it  originally  framed,  and  has  ever  since,  without  a  ((uestion,  been  un- 
derstood iiy  the  GoveruuKUit  and  people  of  tlio  United  States.  Triu*,  it  adverts  to  a 
iioti(!e  issued  by  the  {governor  of  the  Russian  colonies  after  the  expiration  of  the 
fourth  article  of  the  convention,  to  the  elfect  that  the  masters  '  i  American  vessels 
conld  no  longer  claim  the  right  they  enjoyed  under  that  I'ourth  article  of  landing  at 
all  the  landing  places,  witluuit  distinction,  belonging  to  Russia  on  the  northwest 
coast;  and  it  further  proceeds  to  ol)serve  to  all  interested  in  the  tr.ade  that,  under 
the  second  artich;  of  the  same  convention,  it  is  iiecoss:iry  for  all  American  vessels  re- 
sorting to  any  poii't  where  tliere  is  a  Russian  establishment  to  olnaiii  the  permission 
of  the  gctveriioror  comiminder.  To  the  scope  of  phras  uiugy  of  this  "  informal  notice" 
it  is  believed  Baron  de  Kriub-ner  never,  orally  or  in  writing,  took  the  slightest  excep- 
tion. It  will  surely  be  perceived  by  his  exceli«'iicy  Count  Nesselrodo  to  contain  no 
inhibition  of  trading  voyages  generally  to  the  nortliwest  coast  of  America,  but,  on 
the  contrary,  to  ct)ntine  its  admonition  exim-ssly  and  precisely  to  "  landing  places  be- 
longing t<)  Russia,"  and  to  "any  ])oint  on  the  coast  where  there  is  a  Russian  estab- 
lishment," Such  landing  jilaces  and  such  points  were,  alone  su[»posed  to  be  embraced 
in  the  notice  of  Governor  Wr.angrI,  .i-id  were  alone  designated  in  the  ]»ul)lication. 
American  voyages  to  them  were  no  longer  as  iineniliarrassed  as  during  the  operation 
of  the  fourth  article  of  the  convention,  but  to  all  other  points  of  that  vast  and  wild 
territiu'y  the  freedom  of  Anxu'icaii  navigation  and  trade  remained  unimpaired.  It 
formed  no  jiart  of  the  purpose  of  Cajitain  Hlinn  to  visit,  with  or  without  permission, 
any  lauding  pliiee  or  point  distinguished  liy  Russian  occupancy  or  estal)lishnient ; 
and  ii  is  therefore  subiiiitte<l  that,  even  supposing  liim  to  have  read  the  paragraph 
adduced,  lu'  could  at  least  deduce  from  it  nothing  .idverse  to  his  voyage. 

The  decision  of  the  Imperial  ministry  i,s  stated  iiy  his  exceileney  the  vice-chan- 
cellor to  result  from  the  very  circumstances  set  forlh  in  the  note  of  the  undersigned, 
as  well  as  from  an  allidavit  of  an  ollici-r  recently  rtitnrned  from  the  Russian  (Hdonies, 
and  to  be  founded  upon  the  convt^iiti»)n  of  Vf^'iA.  As  the  t;ontents  of  the  atlidavit  are 
not  mentioned,  they  are  presumed  not  to  all'ect  materially  tlu^  niirrative  of  the  note, 
and  certainlv  not  to  introduce  iiiiy  substantive  asserti(Ui  or  deiii;il  adei|uate  to  give 
the  case  a  totally  new  character,  atxl  to  exi-ct,  by  its  own  force  merely,  a  judgment 
which  could  not  be,  reached  without  it.  The  remarks,  therefore,  wliicli  the  under- 
signed j)roposes  to  subjoin  are  necessarily  n  stricted  to  the  admilted  allegations  on 
behalf  of  (Jaiitain  Blinn  in  connection  with  the  stipulations  of  the  treaty. 

If,  in  pursuing  this  course,  any  iuju.'^tice  be  <,(MU!  to  the  roai^oiing  or  views  of  the 
Imperial  ministry,  Im  will,  on  the  slight^^st  intiriation,  hasten  lo  rectify  it  with  the 
fraukntms  which  he  esteeuis  indispensable  to  the  .'uithfnl  discharge  of  his  representa- 
tive duty. 

Avoiiling  a  repetition  of  details  heretofore  enumerated,  aa  well  as  their  nggravat- 


SEAL    FISHERIES    IN    BERING    SEA. 


241 


iug  ftMitiiri'H,  the  lending  factH  of  reclaiiiiition  are,  that  th«  brig  Loriot,  owned  and 
couimandcdhy  American  citizens,  8>i.ile<l  from  the  Samhvieh  iHlaiids  on  the 'i2d  of 
August,  18:{(),  b(Min<l  to  the  northwest  eoast,  to  i)ro<-nre  provisions  and  Indians  for 
bunting  H<ia-otter;  that,  liaving  made  Forrester's  Ishiuil,  HJie  anchored  in  the  harbor 
of  Tuckessan,  in  latitude  r)4'  5")'  north;  tliat  no  Russian  establishment  existed  in 
tliat  harbor ;  that  four  days  afterwurds,  an  armed  brig  of  His  Imperial  Majesty's 
navy  went  into  a  neighboring  harbor,  called  Tateskey,  in  latitude  54'^  45'  north ;  that 
no  Russian  establishment  existed  in  this  latter  iiarbor;  tliat,  she  was  hoarded  by  of- 
ficers from  the  armed  or'g,  by  whom  her  captain  was  tirst  ordered  to  leave  the  do- 
minions of  Russia,  and  subseciuenlly  compelled  to  get  under  way  and  sail  for  the  har- 
bor of  Tateskey;  that  when  ort'  the  harhor  of  Tateskey  she  was,  in  threatening 
weatlier,  refused  permi.'SMion  to  enter,  and  i»eremptorily  again  commanded  to  quit  the 
waters  of  His  Imperial  Majesty;  and,  linally,  that,  owing  exclusively  to  this  inter- 
ference of  arnusd  force,  her  voyage  was  abandoned,  and  she  returnedto  the  Sandwich 
Islands  on  the  1st  of  Novembtsr.  It  is  this  plain  and  brief  story,  which  the  un<ler- 
signed,  by  instruction  of  his  Government,  has  teriiu'd  inconsistent  with  the  rights  of 
American  citi/.ens,  immemorially  exercised  and  secured  by  tlie  laws  of  nations,  as 
well  as  by  the  siipiilations.  of  the  tirst  article  of  tlie  convention  of  1824,  and  entitling 
the  parties  injured  to  such  indemnification  as  might  on  an  investigation  be  found 
justly  their  due. 

The  right  of  the  citizens  of  the  United  States  to  navigate  the  Pacific  Ocean,  and 
their  right  to  trade  with  the  aboriginal  natives  of  the  northwest  coast  of  America, 
without  the  jnritidiction  of  other  nations,  are  rights  which  constituted  a  part  of  their 
independence  as  soon  as  they  declared  it.  They  are  rights  founded  in  the  law  of  na- 
tJDiis,  enjoyed  in  common  with  all  other  independent  sovereignties,  and  incapable  of 
being  abridged  or  extinguished,  except  with  their  own  consent.  It  is  unknown  to 
the  undersigned  that  they  have  voluntarily  conceded  these  rights,  or  either  of  them, 
at  any  time,  through  the  agency  of  their  Government,  by  treaty  or  other  form  of  ob- 
ligation, in  favor  of  any  community.  Yet  he  deduces  from  the  communication  of  his 
excellency,  after  having  given  it  the  careful  consideration  to  which  every  act  from 
such  a  source  lays  claim,  as  the  only  ground  upon  which  the  reclamation  on  behalf 
of  Captain  Blinn  is  resisted,  the  proposition  that  the  United  States,  by  the  conven- 
tion of  18vJ4,  yielded  to  His  imperial  Majesty  the  right  to  hold  commerce,  on  the  ex- 
piration of  ten  years,  with  the  aboriginal  natives  o?i  the  northwest  coast  beyond  tho 
degree  of  54°  40'  north  latitude.  This  proposition,  if  established,  is  unciuestionably 
f.ital  to  the  pretensions  of  the  master  aiul  owners  of  the  Loriot,  It  bears,  however, 
an  aspjct  so  detrimental  to  the  interests  of  his  countrymen,  and  to  their  attributes  as 
an  indepeiHleut  power,  is  so  inconsistent  with  the  ])ast  policy  and  [)rinciides  of  the 
American  cabinets,  and  is  withal  of  such  minor  importance  to  the  prosperity  and  great- 
ness of  Russia,  that  the  undersigned  trusts  its  want  of  solid  foundation  will,  on  further 
reflection,  be  apparent  and  confessed. 

The  avowed  objects  of  the  convention  between  the  United  States  and  His  Imperial 
Majesty,  were  "to  cement  the  bonds  of  amity  which  unite  them,  and  to  secure  be- 
tween them  the  invariable  maintenance  of  a  perfect  concord."  The  means  of  attain- 
ing these  invaluable  ends  were  embodied  in  its  articles.  There  is  tirst  a  mutual  and 
permnnent  agreement,  declaratory  of  their  respective  rights,  without  disturbance  or 
restraint,  to  navigate  and  fish  in  any  part  of  the  Pacific  Ocean,  and  to  resort  to  its 
coasts  upon  points  which  may  not  already  have  been  occupied,  in  order  to  trade  ".-ith 
the  natives.  These  rights  pre-existed  in  each,  and  were  not  fresh  liberties  resulting 
from  the  stipulation.  To  navigate,  to  fish,  an<l  t^^  coast,  as  described,  were  rights  of 
equal  certainty,  springing  from  the  v  ime  source,  and  attached  to  the  san^e  ([uality  of 
nationality.  Their  exercise,  however,  was  subjected  to  certain  restrictieiis  and  con- 
ditioiiK,  to  the  effect  that  the  citizens  and  subjects  of  the  contracting  sovereignties 
should  not  resort  to  points  where  cstablislinenis  existed  without  obtaining  jjermis- 
sion;  that  no  future  establishments  should  be  fo  ;  led  by  one  party  north,  nor  by  tho 
other  j)arty  south,  of  54^  40'  north  latitude  ;  biK  .  lat,  noverthelchs,  both  might  for  a 
teriu  often  years,  without  regard  to  whether  an  establishment  existed  or  not,  with- 
out obtaining  permission,  without  any  hindrance  whatever,  freiiuent  tho  interior 
seas,  gulfs,  harbors,  and  creeks,  to  llsli  and  traile  with  the  natives.  This  short  analy- 
sis leaves,  on  the  question  at  issue,  no  room  for  const! uctioii. 

Tht^  view  taken  by  his  exoelli'iicy  Count  Nt'sselrode  rests  upon  tho  ])rovision  last 
referred  to,  contained  in  the  fourth  artich*  of  the  convention.  Of  this  it  is  esseiiti.il 
to  lix  the  tru(!  character.  Does  its  limitation  of  ten  years  ai>[>ly  to  tho  broad  national 
right  of  resorting  to  unoccupied  points  of  the  coast  if  If  it  doiiot,  the  position  taken 
is  untenable.  That  it  does  not,  would  seem  to  be  a  conclusion  of  tho  gravest,  as  of 
the  lightest  scrutiny. 

The  renunciation  of  a  prerogative  so  high  and  important,  if  designed  would  not 
have  been  left  to  mere  int'ereiiee  fnini  a  disjoiiitid  i)aragraph,  but  would  have  been 
distinctly  expressed   in  immediate  conneclion  with  its  first  statement.     No  tuotivp 

S.  Ex.  106 IG 


242 


SEAL    KISIIEKIES    i>: 


:iaNG    SEA. 


, ,   -i 


can  possibly  b(^  !iHsij;i)r<l  for  itciniitting  nn  iiit»MiiU'(l  nhaiKlomiu'nt  of  Hiich   a  rij^ht,  • 
forniiilly  (lecliiiid   in   tlic  Hint  uiticli),  to  lurk  unseen  in  tiic  vurit;(l  lunguiige  of  the 
fourth  article. 

I'he  jtower  of  resorting  to  unoccupied  points  of  the  const  existed  in  perpetuity  by 
the  lawsof  nations,  and  is  so  enunciated  in  the  (irst  article.  To  declare  it  afterwardn 
to  exist  for  ten  years  would  be  to  insert  a  clause  idle  and  without  etl'ect,  providing 
for  the  teniiiorary  enjoyment  of  what  had  been  previously  ))ronounced  permanent. 
IJut  the  inter]u<'talion  of  every  iustrnnuiii  must  be  such  as  will,  if  possible,  give  sub- 
stance and  utility  to  each  of  its  parts.  Apjdied  to  points  of  the  coast  already  occu- 
pied, the  fourlh  art  icle  takes  ellect  as  a  temi)oiary  <'xceiitioii  to  the  jierpelnal  pro- 
hibit i(ui  of  tlm  second  article  ;  and  the  only  conse<|ueiic('(d'  the  ex])iiatiou  of  the  term 
to  which  it  is  limited,  is  the  revival  and  continu«Ml  o]iei'al  ion  of  that  jirohibltion. 

In  emi)loyiug,  in  the  fourth  article,  the  descriptive  words  "  interior  seas,  gulfs, 
harbors,  and  <'rceks,"  there  is  a  deparnire  fiom  the  c  nuiireheusive  i)hraseologv  of  the 
tirst  article,  which  is  only  to  be  ex|)lained  by  th<-  tact  that  another  idea  was  to  b« 
expresse<l.  Xor  is  it  dillicnlt  to  understand  what  was  i-ealiy  meant.  The  bonds  of 
amity  and  iierfeci  concord,  which  it  was  so  de,siral)Ie  to  cement  and  invariably  nuiin- 
tain,  w<uild  have  been  endangered,  in  ])eculiar  localities,  as  to  which  dmiiits  might 
naturally  arise  whether  ihey  were  embraced  in  the  first  "or  the  second  article.  If, 
however,  at.  their  ojienmys,  or  upon  tlii'ir  commanding  highlamls,  or  on  their  shores, 
an  occnpii'd  jioint  or  estaidishment  existid,  it  was  tliou^ht  cxpedii-iit  to  let  thtvut 
take  character  Ikuii  that  incident,  without  any  ni<<'  measurement  ot  its  range  or  in- 
Ihience,  at  the  ex|>ii'aliou  ot  ten  years;  and,  accordingly,  the  (bnrth  article,  avoiding 
too  sudden  a  check  of  the  actual  iiccount  of  Hade,  put  a  limit  of  time  upon  tlie  liberty 
to  frc(|ueiil  such  ))lact's. 

The  undersigned  sniunits  that  in  no  sensfi  can  the  fourth  article  be  understood  as 
imijlying  a"  acknowiedgment,  on  th(>  jtart  of  the  I'liited  States,  of  the  right  of  Kns- 
B'a  to  tile  jiossession  of  the  coast  aliove  tlie  latitude  of  .^l^  40'  north.  It  must,  of 
course,  be  taken  in  connection  with  the  other  articles,  and  ihey  have,  in  fact,  no  ref- 
erence whatever  to  the  ([nestion  of  tin;  riglit  id"  jiossession  of  the  unoccupied  parts. 
To  prevent  future  collisions  it  was  agreed  that  no  new  establishment  should  be 
formed  by  tin;  nspective  parties  to  the  north  or  south  of  the  iiarallel  meuMoned;  but 
thofiiiestion  of  the  right  of  ))ossession  beyond  the  existing  establishuieuts,  as  it  stood 
previous  ti>,  or  at  the  time  of,  the  convention,  was  left  untouched. 

Uy  agreeingnot  toform  new  establishnu?ntsiiorthof  latituder)4^-IO'  the Unit«'d States 
made  no  a<knowledgment  of  the  right  of  Kussia  to  the  territory  above  that  line.  If 
such  an  admission  had  been  made.  Kussia,  by  the  same  construction  of  the  article  re- 
ferred to,  must  have  efpially  acknowledged  the  right  of  the  Uuited  Statics  to  the  terri- 
tory south  ot  the])arallel.  Hut  that  Kussia  did  n«t  so  understand  the  article  iscomdii- 
sively  jiroved  by  her  having  entered  into  a  similar  agreement  in  her  subseciuent  treaty 
of  li"Zit,  w  ith  (irciit  Jbitain,  and  having  in  that  instrument  acknowledged  the  right 
of  Jiossession  of  the  same  territory  by  (ircat  Mritaiu. 

The  I'nited  States  can  only  be  considered  infereiitially  as  having  acknowledged  the 
right  of  Kussia  to  aci|uir«,  above  the  designat  d  ineiiiliaii,  by  actual  occui>ation,  a 
just  claim  to  nuoccnpied  lands.  Until  that  acttual  <i(cu|tation  be  taken,  the  liist  ar- 
ticle of  the  convention  recognizes  the  American  right  tt)  navigate,  tish,  and  tracU;,  as 
])rior  to  its  negotiation.  Such  is  esteemed  the  true  construction  of  the  convcMitiou  ; 
the  construction  which  both  nations  are  interested  in  atlixing,  as  the  benelits  are  eciual 
and  mutual,  and  the  grcit  obje<t  is  secured  of  removing  ilie  exercise  of  a  couimon 
right  from  the  danger  of  becoming  a  dispute  aliout  exclnsiv(>  privileges. 

At  tlie  hazard  id"  proving  ti'dious,  the  nmh-rsigued  has  thus  endeavonid  to  convey 
to  his  excellency  Count  Ness<drod«  the  views  su.',g.-sted  by  his  recent  comuiuiiication. 

The  Governinenf  of  the  United  Stati's  is  ardent  and  uniform  in  its  anxiety  to  cher- 
ish with  that  of  Kussia  the  most  friendly  relations;  in  the  reci])rocati<m  of  this  senti- 
ment the  fullest  ccnilidenct!  is  felt.  'iMie  citizens  and  subjects  of  the  two  countries, 
meeting  only  wiih  feelings  of  cordiality  and  for  |mr|i"ses  of  mutual  adv.intage,  are 
rajiidly  reaping  the  (rniis  of  a  wise  and  beueliceiit  inte.natioiial  jiolicy.  Every  yi-ar 
enlarges  the  siihen*  ot  their  commercial  ir".  'icoiirse,  discloses  tli<'  identity  »)f  Ihcir  in- 
terests, and  strengthens  tlu'ir  ties  of  aunty.  In  the  persuasion  that  the  enlightened 
couiKiils  of  His  Im]>erial  Majesty  will  join  with  the  American  authorities  in  every 
etlbrt  c<msistent  with  the  honor  ■•iiid  rights  of  their  rcspectivt^  nations,  to  rescue  this 
condition  of  things  from  all  danger  ot  inteiinpii(ui,  the  iiiulersigne<l  earnestly  invites 
a  reconsideratiou  of  the  ground  upon  which  the  claim  of  the  owners  of  the  Loi'iot  has 
been  dismissed. 

■\Vith  a  consoling  hope  as  t<i  the  result,  he  begs,  etc., 

G.  M.  Dai-i.as. 


'J 


SKAL    FISIIEKIKS   IN    BERING    SEA. 


243 


^i\  tlie 

ion,  a 

hst  ar- 

iul(!,  as 

■iitiou  ; 

I  ociual 

jounuon 

M)iivoy 

.iitioii. 

to  chei- 

is  scuti- 

iiitries, 

it,'e,  are 

IV  ,v«'ar 

iK'ir  iii- 

jlitciu'd 

II  (ivciy 

•lie  tliis 

invites 

triot  lias 


I.I.AS. 


Ko.  180. 

Mr.  Dallas  to  Mr.  Forsyth. 

No.  1G.|        Legation  of  the  United  States  of  Ameuica, 

St.  Petcml/urff,  April  1(»,  1838. 

Sir:  Oh  the  21st  of  last  month  I  roeeived  the  answer  of  Count  Nes- 
Helrode  to  the  ])ioposal  made  to  him  in  my  (!ommuiii<;ati()n  of  the  L*8th 
of  l)e(!ember,  1837,  for  the  renewal  of  the  fourth  arti(;le  of  the  Ci>nveu- 
tion  of  J82-1,  and  1  aecompanied  my  acUnowledyineiit  of  its  receipt 
witli  a  request  for  information  as  to  the  measures  adopted  or  proposed 
to  be  adopted  by  Jlis  lini)erial  3Iajesty,  r('sj)ectinji^  llie  admission  of 
American  vessels  into  the  Russian  establishments  on  the  northwest 
coast.  Copies  of  these  two  documents  are  anne.\e<l  to  this  dispj>tch. 
Every  act  of  an  ollicial  character  is  i)receded  by  no  much  delilieratiou 
and  delay  that  1  nuiy  not  hope  to  hear  further  on  tiiis  si;l)i'jct  for  some 
weeks  to  come. 

The  refusal  to  renew  the  arti(!le  was  far  from  unexpected.  Althoufjh 
there  may  be  nuich  truth  in  the  statements  u|)on  wiiich  that  refusal  is 
explained,  it  was  foreseen  that  the  {irasping  judicy  of  the  fur  company 
would,  in  itself,  be  quite  a<le(piate  to  this  result.  1  am  unable  to  say 
how  far  the  representation  as  to  the  extremely  limited  character  of  the 
American  trade  under  the  article  be  correct,  nor  how  far  my  country- 
men nniy  be  implicated  in  the  sale  of  spirituous  li(pu)rs,  jiowder,  and 
tire-arms  to  the  natives  iu  violation  of  the  fifth  article  of  the  convention ; 
nor  whether  complaints  ou  the  latter  subject  have  or  have  not  been 
unide  by  the  llussiau  authorities  to  those  of  the  United  States,  invoking 
iu  designated  cases  the  i)enalties  prescribed  by  act  of  Couf'ress.  On 
none  of  these  points  do  the  archives  of  this  U'y;atiou  furnish  sources  of 
information. 

Xor  would  it,  indeed,  seem  expedient,  uiuler  any  circumstances,  to 
criticise  the  alleged  motives  for  declining  a  revival  of  theex|)ired  stipu- 
lation. No  consequence  could  follow  but  disagreement  in  relation  to 
details,  when  the  main  i)oint  is  one  exclusively  of  discretion,  is  ob- 
viously decided  beyond  the  i)robability  of  change,  aud  that  decision  is 
comnumicated  in  the  most  friendly  tenns. 

By  the  expiration  in  xipril,  1831,  of  the  ten  years  limited  in  the  fourth 
article  of  the  convention,  and  by  the  delinitive  refusal  to  reiunv  it,  the 
Imjjerial  Government  would  seem  to  attain  an  imjjortant  object  in  their 
northwestern  colonial  policy,  while  the  Unued  States  forego,  in  fact, 
nothing  but  a  series  of  vague  claims  calculated  only  to  embroil  and  com- 
l)lieate  the  relations  of  the  two  countries.  My  predecessor,  Mr.  Mid- 
dleton,  by  whom  the  convention  was  negotiated,  conceived  the  article 
to  be  a  mutual  grant,  temporary  in  its  duration,  extemling  to  s|tecirtc 
and  i)artieular  privileges,  which  the  traders  of  neither  nation  would 
Ij  t'ujoy  as  general  rights.  He  regarded  the  liberty  to  carry  on  commerce, 
without  any  hindrance  whatever,  with  tl^e  natives  in  the  interior  seas, 
gulfs,  harbors,  and  creeks  of  the  Kussian  settlements,  as  so  much  added 
to  the  range  of  our  trade  beyoiul  its  natural  boundaries;  and  he  antici- 
l»ated  that,  before  the  lapse  of  the  term  proposed,  the  Kussian  settlers 
would  [)erceive  the  importance  of  our  unshackled  intercourse,  as  a  sure 
and  economical  means  for  obtaining  supplies,  and  would  ultimately 
])rolong  it  iiulefinitely.  With  these  views  and  impressions,  during  the 
l)endency  of  fhe  negotiation,  he  origiinited  the  fourth  article,  which 
formed  uo  part  either  of  the  projet  of  a  treaty  sent  to  him  by  Mr. 


244 


SKAL    FISHKRIES    I\    BERING    SEA. 


\ 


..  '« 


A(lainp,tli€'ii  St'cretary  of  State,  or  of  the  projet  ho  siilmiitted  to  Count 
Nesselrode  at  their  first  conference  on  the  Otli  of  February,  1824-. 

The  adoption  of  the  article  suspended  for  ten  years  the  necessity  of 
practically  dis(;riininating  between  such  places  on  the  northwest  coast 
as, were  open  to  a  coniraon  trade,  in  consequence  of  being  savage  and 
unoccupied,  ami  those  accessible  only  by  permission  from  a  local  au- 
thority. In  other  words,  there  was  no  immediate  call  for  agreeing  and 
defining  what  should  constitute  an  "establislunent,"  an  "occupancy," 
or  a  "  settlement,"  so  as  to  redeem  a  given  spot,  with  its  contiguous 
territory  from  a  wild  state  and  subject  them  to  an  exclusive  jurisdiction. 
During  the  i)rescril)ed  period  in  this  particular  everything  was  left  as 
large  as  before,  and  here  lies,  in  my  opinion,  the  chief  if  not  the  otdy 
important  incident  of  the  refusal  to  renew  the  article.  It  will  become 
necessary  now  to  have  some  distinct  understanding  as  to  the  nature 
and  range  of  the  act  of  colonizing,  which  shall  permanently  vest  the 
dominion  in  either  nation.  Without  this  ourconnnerce  in  that  interest- 
ing quarter  must  be  impeded  and  narrowed  and  probably  soon  entirely 
destroyed  by  the  absurd  pretensions  of  the  Russian  Fur  Company. 

The  stipulated  freedom  to  trade  unmolested  within  the  interior  seas, 
bays,  creeks,  and  harbors  of  the  northwest  coast,  be  ng  regarded,  un- 
der our  construction  of  the  treaty,  as  solely  applic  able  to  occupied 
places,  and  having  ceasefl  upon  the  expiration  of  the  ten  years,  it  be- 
comes essential  to  the  safe  prosecution  of  American  enterprise  and 
trafltic  in  these  remote  regions,  that  we  should  ascertain,  if  possible, 
which  of  the  interior  seas,  bays,  creeks,  and  harbors  fall,  by  actual 
liussian  settlement,  under  exclusive  liussian  dominion.  Although  the 
facts  be  extremely  difficult  to  reach,  and  a  ])owerful  monopoly  be  in- 
terested and  at  work  to  misrepresent  them,  still  something  may  be 
effected  by  furnishing  to  our  citizens  a  rule  by  which  to  test  the  char- 
acter and  extent  of  any  occupation  whose  existence  is  alleged  as  an 
impediment  to  an  intended  voyage.  And  if  we  can  not  si)are  one  or 
two  of  our  vessels  of  war  to  make  a  thorough  examination  of  the  coast, 
as  well  as  to  assert,  in  defiance  of  petty  obstacles',  the  national  right  to 
trade  freely  upon  unoccupied  points,  we  must  be  content,  however  re- 
luctantly, to  take  just  such  statements  for  information  as  it  may  please 
the  Fur  Company's  officers  and  agents  to  give.  Supposing,  then,  what 
I  do  not  expect,  that  the  Imperial  Government  will  abandon  the  ground 
it  has  taken  in  the  case  of  Captain  Blinn,  and  admit  that  we  still  pos- 
sess the  liberty  of  holding  commerce  with  the  natives  north  of  the  line 
of  delimitation,  I  shall  be  anxious  to  have  your  instructions  as  to  the 
suggested  expediency  of  calling  frankly  for  an  enumeration  of  the 
points  on  the  coast  at  which  Kussian  settlements  are  alleged  to  exist, 
and  of  inviting  the  adjustment  of  some  definite  rule  by  which  the  real- 
ity of  a  settlement,  and  the  extent  of  its  adjacent  operation,  may  at 
any  time  bo  peaceably  determined.  If,  however,  the  position  taken  in 
reference  to  Captain  Blinn's  claim  be  adhered  to,  these  inferior  inquiries 
can  not  be  made;  for  that  position,  as  will  bo  remembered,  excludes 
our  commerce,  except  by  Kussian  permission,  from  the  whole  coast 
beyond  the  degree  54°  40'  north. 

I  should  perliai)s  feel  warranted  in  pursuing  measures  for  this  purpose 
without  delay.  The  request  for  information  as  to  the  regulations  to  be 
enforced  in  relation  to  American  vessels,  made  in  my  last  note  to  Count 
Nesselrode,  may  be  esteemed  a  fair  preliminary.  But  I  am  anxious  to 
know,  before  proceeding  further,  whether  the  decided  manner  in  which 
I  have  treated  the  claim  to  excluvsivo  dominion,  in  the  affair  of  the 
Loriot,  be  approved  or  not ;  and  whether  the  right  by  the  laws  of  nations 


SEAL    FISHERIES    IN    BEKINO    SKA. 


245 


to  trade  with  tlie  natives  on  unoccu|)ie(l  i)arts  of  the  coast  be  esteemed 
so  certain  and  so  important  that  it  will  be  insisted  on,  even  at  tlie 
liazard  of  interrnptinji"  the  amicable  relations  of  the  two  comitries.  I 
wish  to  shape  my  i>rosress  so  as  to  harmonize  in  every  nM)veinent,  as 
nearly  as  jxissible,  with  whichever  altermitive,  inllexibility,  or  concjessioii 
the  i*resi«ient  nuiy  esteem  tlie  highest  and  trnest  policy. 


I  have,  etc.. 


(f.  ^I.  Dallas. 


[Indosnrr  in  Mr.  Ditllas's  No.  in.— Translation.] 
Count  Xenseh'ode  to  Mr.  DuUuh. 

St.  Pktkkshuiki,  Mnnh  9,  183S. 

The  niidt'iMij^iRMl  has  liiul  the  honor  to  recoiv«5  the  note  that  Mr.  Dalhis,  envoy 
extraonlinary  and  minister  itienipotentiary  of  tlie  United  States  of  Ainericii,  was 
plea.sed  to  atldresK  him  on  the  Kith  ("iHth)  of  December,  rehitjve  to  the  |)ro|ii)sition 
jirevionsly  bronylit  forward  by  Mr.  Wilkins,  to  renew  the  fourth  article  of  the  con- 
vention of  April  f)  (17),  ld'-J4,  of  which  the  effi'ct  had  been  limited  to  a  term  of  ten 
years,  and  which  had,  consequently,  expired  in  18:14. 

The  desire  not  to  decide  a  (jnestion  of  this  importance  without  a  thoronjjh  knowl- 
edi;e  of  the  subject,  did  not  permit  the  Imperial  Government  to  >jive  an  opinion  in 
relation  to  it  until  detailed  information  ha<l  been  collected,  as  well  in  re<rard  to  the 
wants  of  the  Kussiaii  e.HtiiblishmeutH  in  America  as  to  the  intlueuce  that  tlie  state  of 
things  secured  by  the  fourth  article  had  exercised  there.  In  settinjj  forth  this  con- 
siderution  to  Mr.  WilUins,  the  undersigned  intimated,  in  his  note  of  the  'iSth  of 
November,  \S'Xi,  that  he  would  give  timely  notice  to  the  legation  of  t!»e  Uiiitetl  States 
of  the  determinations  adopted  on  this  subject  by  ihe  Hnssian  Government. 

The  iuformution  then  exi>ected  lias  siuce  reached  the  undersigoed,  and  it  aji- 
jiears  that  the  execution  of  the  teiii]iorary  jirovisioiis contained  in  the  fourth  article 
had  not  been  unattended  with  serious  inconveniences,  and  that  it  has  been  really  in- 
jurious to  the  ]»rosperity  of  the  Itiissian  establishments  on  the  northwest  coast.  The 
greater  part  of  the  foreign  vessels  which  resort  to  this  coast,  in  virtue  of  the  said 
stijiulations,  have  only  made  use  of  the  right  of  trading  with  X\w  natives  in  order  to 
sell  them  spirituous  liquors,  tire-arms,  and  gunpowrler.  According  to  the  tenor  of  the 
fifth  article,  these  articles  were  expressly  excluded  from  the  trade;  hut  experience 
has  proven  that  this  exclusion,  and  also  tlui  legislative  measures  by  which  the  Gov- 
ernment of  the  United  States  sought  to  carry  it  into  effect,  were  illusory  ;  since,  by 
the  same  article,  the  contracting  parties  had  deprived  them.selves  of  all  meuiis  of 
controlling  the  vessels  which  should  visit  these  latitudes,  so  that  entire  cargoes  of 
rum,  of  tiie-arms,  and  ammuiiitioii  have  been  carried  without  hindrance  into  the 
Russian  possessions  and  sold  to  the  natives,  thus  necessarily  endangering  the  germs 
of  order  and  civilization  which  the  agents  of  the  Kiissian-Aiuerican  Company  have  al- 
ready succeeded  in  introducing  among  these  tribes. 

It  is,  moreover,  to  be  observed  that  the  artich^s  comprised  in  this  fraudulent  trade 
were  expressly  those  of  which  the  sale  there  olVered  most  adviintag»s,  because,  the 
Russian  American  Company  having  once  for  all  excluded  thiMii  from  its  own  traftic 
with  the  natives,  the  latter  (;ould  only  procure  them  on  board  fureign  vessels. 

This  state  of  tilings  could  not  i'ail  to  occasion  complaints  and  remmistrani-cs,  which, 
the  Im|icrial  (jrovernment  being  ever  anxious  for  the  prewi'rvai  ion  of  irs  relations  with 
the  United  States,  would  aione,  fro'u  that  tiun,  be  an  atlcquate  m)tive  lo  induce  it 
to  desire  that  the  stipulations  of  the  fourth  article  shr>uld  not  lie  r«Miewed.  But  an- 
other consideration,  not  less  decisive,  hen^  ]»resentsirself :  thisis  theoI)ligifioii  under 
which  tlu!  Imperial  Goveininent  is  placed  to  [trotect  the  conimene  and  navigation  of 
the  Kussian  colonies,  anil  to  secure  to  them  henceforth  the  peaceabli'  eiijoyiiicnt  of  the 
advantages  which,  by  virtm*  of  their  privileges,  they  are  destined  to  gather  from  the 
improveinent  (exploitation)  of  the  tisheri(vs  as  well  as  from  the  trade  with  the  natives. 

These  considerations,  taken  together,  render  it  impossible  for  the  Imperial  Govern- 
ment to  accede  to  the  proposition  which  has  been  iiuule  to  it  to  renew  the  stipulations 
of  the  fourth  article.  The  legret  experience<l  by  it  on  the  occasion  is,  liowever, 
diniini.shed  by  the  conviction  that  the  United  States  would  not  themselves  <lerive  any 
es]»ecial  advantage  from  the  longer  continuance  of  tli-'se  stipulations,  since,  accord- 
ing to  a  statement  of  the  nil  vigation  in  these  places,  oven  whilst  the  fourth  article  was 
yet  in  force,  there  wore  never  more  than  four  American  vessels  arrived  iu  the  course 


24G 


SEAL    FISHKUIES'  IN    BEKINO    SEA. 


.,  i 


of  a  whole  year,  and  tliat  ovrn  this  nnnilier,  lianlly  to  be  taken  into  account  in  tlio 
llourisliint;  stiite  of  tin*  iiicrcaiitile  marine  of  the  Union,  waH  diminiHhinK  >n  propor- 
tion aH  enteritiiMeM  on  the  iiortliweHt  coaHt  olVereti  (ewerehaneeHof  HnccesH.  It  appearn 
evident  I'roin  ihin  that  tiie  renewal  of  the  I'onith  article  conhl  hardly  contribute  to 
extend,  in  a  reciprocnlly  useful  manner,  the  commercial  relalions  between  Kussia 
and  the  United  Staten  of  America  ;  or,  by  c(uiHe(|uence,  answer  tlio  coustnntHolicitndo 
of  th(>  Im|terial  (iovernnuMit  to  cement  more  and  more,  and  in  a  mutual  interent,  the 
friendly  connectionH  which  it  is  alwiiyH  hajipy  to  cultivate  with  tlie  Government  of 
the  UnioTi. 

The  undersijjned  has  the  honor,  etc., 

Nkhski.rodk. 


■ '  'I  f- 


No.  190. 

Mr.  Dallas  to  Mr.  lornyth. 

No.  17. J  Legation  of  the  United  States, 

St.  Vetcrslnmj,  May  13,  183S. 

Sir:  Oh  tlieOtli  instant, the  coniniunication  of  wliich  I  juinex  a  coi)y 
was  received  from  Count  Nesselrode,  in  ie})l.v  to  niyreiiiiest,  under  date 
of  the  li(ith  of  Mareli  hist,  to  be  fiirnislied  with  intonnation  as  to  the 
measures  adoi)ted,  or  i)ro|)ose(l  to  l)e  adopteil,  by  tliis  Government,  re- 
spectinjif  the  atlmissiou  of  Ameri(;au  vessels  into  the  Kussian  establish- 
ments on  the  northwest  (!oast. 

It  will  bo  ])oreeived  tliat  the  substancM^  of  Count  Nesselrode's  note  is 
distinct  and  (I*'tinitivi',  and  that  tiiesinole  and  simple  measure  adopted 
iu  relation  to  our  vessels,  is  their  absolute  exclusion  from  what  are 
deemed  the  Kussian  i>ossessions.  The  published  order  of  (joveruor 
Wrangel,  to  which  iiarou  Krudener,  in  ltS,*}5,  (tailed  your  attention,  is 
contirmed  un(iualitiedly  in  j)rincii>l«*  and  i)ractice  ;  ami  the  Cabinet  at 
Washington  is  invited  to  repeat  the  warninj?  heretofore  ojiven  by  it  to 
the  citizens  of  the  United  States  not  to  (;(mlravene  that  jtrohibitory 
notice,  so  that  they  may  avoid  exi>osin}4-  themselves  lothe  consequences 
of  misunderstandinj^f  or  collision. 

Although  my  request  for  inibrmation  was  exjiressly  limited  to  lius- 
Ksiau  establishments,  and  Count  Nesselrode's  reply  to  it  may  not  strictly 
be  extended  beyond  that  lintit,  1  can  not  heli)  thinking  that  the  prefa- 
tory and  peculiar  reference  he  has  made  to  the  expiration  of  the  fourth 
article  of  tiie  convention  is  nu-ant  as  a  reiteratit)n  of  the  jmsition  as- 
sumed in  the  case  of  the  Loriof,  Captain  lllinn,  to  wit,  that  since 
April,  18.'U,  our  right  to  Irequent  the  inteiior  seas,  gidfs,  harbors,  and 
creeks,  north  of  04°  40'  north  latitude,  whether  actually  occupied  or 
not,  has  ceased.  The  consistent  brevity,  indee«l,  with  wliich  the  effect 
of  the  ten  years'  limitation  is  uniformly  invoked,  satisfies  me  that  it  is 
esteemed  a  ^'•point  (fapptii,^^  in  relation  to  our  riglits  anil  pretensions 
on  the  northwest  coast,  too  conclusive  to  be  omitted  or  argued.  My 
letter,  in  answer  to  the  first assumi)tion  of  that  ])osition.  dated  the  17th 
of  JNIarch,  IS.iS,  and  forwarded  to  you  with  dispatch  No.  15,  has  not 
been  noticed. 

Very  respectfully,  etc. 

G.  M.  Dallas. 


IIiicloHiiro  in  Mr.  Dallna's  No.  17. — TniiiHlutinn.] 

Count  NesscJrode  to  Mr.  Dallas. 

St.  PKTKR.snuJ{r.,  Jpril  27,  1838. 
Mr.  Dalla.s,  envoy  extraordinary  and  minister  plenipotentiary  of  the  United  Stales 
of  America,  has  l>een  pleased  in  his  note  of  the  I-ltli  (tifith)  of  March,  to  express  a 


J 
1 
t 

V 

f 


SEAL    FISIIKRIKS    IN    MKKINO    HKA. 


247 


<1c8iro  to  know  wlmt  inoaHiiros  liavo  hcon  iiili»pltMl  in  conHt'unonco  of  tli«  cxpinitioii  of 
the  fourth  artichi  of  tho  (lonventioii  of  lH'i4,  M'Hi><'<'tii>K  tlio  mlniisNion  of  Aniericnn 
vi'hkoIh  into  tho  hiirl)ors,  biys,  iiiiil  liverH  of  tho  liiiM«iiin  ostiihlishnu'iitH on  Hio  north- 
woHt  coKNt.  Thin  i'i'(|ueNt  Ih  nia<i»  on  iicoount  of  tiio  intention  on  tho  part  of  tlio  Ciih- 
inot  at  Wa8hin^ton  to  adopt  Hiniihir  ru;;nhttioiiH,  and  Huch  an  may  tond  to  prevent 
any  injury  to  tlio  relations  now  so  fortnnatoiy  exislinjj  Imt  ween  tlio  two  eoiinirios. 

Thn  undersigned,  JiaHtenin^  to  reply  to  an  overture,  aceoiupanied  liy  an  asHnrauco 
so  satisfactory  for  tho  linp«<rial  (Jovernnmut,  inal<es  it  his  duty  to  ohst^rvo  to  Mr. 
Dallas,  that,  as  tho  fourth  arti(de  of  tho  c(Mivention  of  the  r)th  (17lh)  of  April,  1H'2I, 
has  only  jj[ranted  for  ton  years  to  tho  vess^^ls  of  the  two  powers,  or  thi>s«*  licilon^inK  to 
their  citizens  or  snhjeots,  n'spectively,  the  riyht  of  freciuontinf^,  recipro(rally,  tho  in- 
terior seas,  quit's,  harbors,  and  crooks  on  tho  coast  inontioned  in  tho  third  article  of 
tho  Hauui  convention,  for  tho  iiurposo  of  tisliin;;  and  trading  with  th<i  natives  of  tho 
o(Hintry  ;  and  as  this  term  of  ten  years  expired  in  tho  month  of  April,  IKll,  tho  au- 
thorities of  tho  Russian  estahlishineuls  on  tho  said  coast  an^  required  to  see  that 
American  vessels  no  lonj;"'!'  freciuent  tlm  interior  seas,  j^nlfs,  harbors,  and  creeks,  situ- 
ated north  of  the  latitu»le  of  M*^  40'  north,  as  Knssian  vesst  Is  are,  in  like  inaninT,  for- 
biddi!!)  to  visit  |>la(;eH  of  tho  bamu  sort  south  of  that  parallel;  and  to  nniintain  thi.s 
l)rohil»ition,  it  is  tho  duty  of  the  said  authoriti;;s  to  adopt  the  necessary  nu-asiiros, 
with  tho  view  of  k»:opin<j  up  relations  of  liar iiy  betwecMi  t!ie  two  Governmonts. 

Tho  jfovernor  of  tho  Knssian  colonies  on  tlo  northwest  coast,  having  made  upon 
this  subject  a  publication  which  has  been  submitted  to  tlu^  knowledf^e  of  tlm  (iov- 
ernnn-nt  of  tho  United  States,  and  tho  ICmperor's  miuisti  r  at  Washin^fton  !iavin;j  im- 
mediately afterwards  invited  that  (iovernmcnt  to  make  known  to  tho  citizens  of  tli« 
United  States  tho  new  order  of  thinj^s  c(uisi'(|nent  npiiu  the  expiiation  of  tho  fourth 
article,  thoj  uuderHif^ned  Hatters  himself  with  the  belief  that  the  (jabinet  at  Wasli- 
)n<it()n,  in  executing  its  announced  resolution  to  adopt  on  its  ])art  simibir  measures, 
will  tiiink  proper  likewise  to  repeat  its  warning;  to  the  cirizens  of  tho  United  States, 
not  to  contraveno  the  ])roliibiti(»n  in  ((iiestion,  and  thus  to  avoid  exposing;  tliemselves 
to  tho  cons(M|Uonces  of  a  misunderstaiHling  or  (■ollisi<ui,  which  tho  Imperial  Govoni- 
inent  would  bo  the  lirst  to  depb)re. 

On  its  ]iart,  tho  Imperial  (j!ov«'rnmont  will  not  ceaso  to  recommend  to  its  authorities 
on  tlie  northwest  coast  the  nt-cessary  precautions,  so  that,  while  maintiiinin;^  tho 
rights  acquired  by  Russia  at  tlu^  expiration  of  tins  fourth  article,  they  slioiild  not 
lose  sijfht  of  tho  respecit  diit^  to  the  bondsof  amity  which  unite  tho  two(iovcriiincnt», 
and  which  the  Imperial  cal>inet  will  always  desin;  to  streii^tiien  and  iciKb-r  more 
closo  for  the  mutual  interests  of  their  respective  citizens  and  subjects. 
'I'ho  nndersiji;ned  seizes,  etc., 

Nksski.kouk. 


|to  Kns- 
slrictly 
pief'a- 
Fourth 
tiou  as- 
since 
)rs,  and 
ie«l  or 
e  effect 
lat  it  is 
elisions 
(1.  My 
he  17th 
las  not 


No.  191. 

Tfcittii  concerning  the  cession  of  the  Bns.sian  Possessions  in  Xorth  America 
hif  Jlis  Majesty  the  Emperor  of  all  the  Kussias  to  the  United  States  of 
America. 

[Concluded  March  :iO,  IHCT.     Ratilied  by  the  United  States  May '28.  18(17.     Kxchaiiseii 
June  "20,  ld(i7.     Proclaimed  by  tht(  United  States  .June  '20,  1"^()7.] 

The  United  States  ol  America  and  His  ^Fitjesty  the  Eiii|)eior  of  all  the 
Rns.sias,  being'  desirous  of  stivii'jftheniuo;,  if  possible,  the  {jfood  under- 
standing  which  exists  between  tiiem,  have,  for  that  piiri)ose,  appointed 
as  their  plenipotentiaries:  the  President  of  the  United  States,  William 
11.  Seward,  Secretary  of  State;  and  His  jNIujesty  the  Kinpeior  of  all  the 
Kussias,  the  Privy  Oonn.sellor,  Edward  de  Stoeckl,  his  Envoy  Extraor- 
dinary an«l  Minister  Plenipotentiary  to  the  United  Statca. 

Antl  the  said  plenipotentiaries  havinj;  exchanoed  their  full  powers, 
which  were  found  to  be  in  due  form,  have  ajjrreed  uj'ou  and  signed  the 
following  articles: 

Article  I. 

His  Majesty  the  Emperor  of  all  the  Kussias  agrees  to  cede  to  the 
United  States,  by  this  convention,  immediately  upon  the  exchange  of 


248 


SKAL    FIS11LKIE8    IN    IJEKINO    SKA. 


r  ■'>V' 


the  ratifications  tlioicof,  all  the  territory  ami  (loiiiiiiioii  now  jjossessed 
by  liiH  said  Majesty  on  tlie  continent  of  America  and  in  the  adjacent 
isIan<lH,  the  same  heini;  containe<l  within  the  geographical  limits  herein 
set  forth,  to  wit:  The!  eastern  limit  is  the  line  of  «lemarcation  between 
the  Jinssian  and  the  IJritisli  possessions  in  North  Aiiu'rica,  as  «\stab- 
lished  by  the  convention  between  Hussia  and  (Ireat  Jiritain,  of  Kebrnary 
28-l(),  l^lio, and  descrihed  in  Articles  111  and  IV  of  sai«l  convention,  iu 
the  following  terms: 

('oiiiiiKMK'ii)^  finin  ilio  Nontlit^rnnioHt  itoiiif  of  tho  iHlaiid  eiill*>)1  I'lincn  of  WiilnH  IhI- 
hikI,  \vlii(;li  ]M>iiit  Hon  in  tli*)  parallel  ot  r>4  ilo^ivt-N  lOiiiiiiiitt'N  north  latitude,  and  lie- 
twt'en  tli«  mint  and  (ho  lHUd  dc^reo  of  woHt  lon/jitnde  (nieiidian  of  (Jn-cnwicii),  tlie 
Naid  line  hIniII  OHcend  totliu  north  aloii^  thochann«>l  (tailed  Portland  channel,  »h  far 
aH  till!  ])oint  of  the  continent  where  it  HtrlkcN  the  ritith  decree  of  north  latitude  ;  fronk 
thin  hiHt-nientioncd  ]ioint,  the  line  of  deniarcation  Nhall  lollow  the  Hununit  of  the 
niountainH  Hitnated  ](arallel  to  the  coaHtaH  far  an  the  jtoint  of  interm;ction  oftheMlHt 
degree  of  wcHt  longitu<le(of  tht^  Hanu*  meridian);  and  tinally,  from  the  xaid  point  of 
iuterNcction,  tlio  wiid  ucri«lian  line  of  the  141st  degree,  in  itH  |irol(Migati(in  an  far  as 
the  Fio/en  ocean. 

IV.  With  reference  to  the  line  of  demarcation  laid  down  in  the  ])receding  article, 
it  iH  undorHtood — 

iHt.  That  the  inland  called  Prince  of  WuIch  Inland  hIuiH  belong  whol'y  t'<  liiiSHia 
(now,  by  this  cession,  to  the  I'niled  States). 

*2^\,  Tliat  whenever  the  suniniit  of  the  mountains  which  extend  in  a  direction  par- 
allel to  the  coast  from  thefitith  degree  of  north  latitude  to  the  point  of  intersection  of 
the  14lst  degree  of  west  longitude  shall  jirove  to  be  at  the  distance  of  more  than  ten 
marint!  leagues  from  the  ocean,  the  limit  between  the  Hritish  possessions  and  the  line 
of  coast  wliich  is  to  lielong  to  Russia  hs  al>ove  nientioiuMl  (that  is  to  say,  the  limit  to 
the  )insseKnions  ceded  by  this  convention)  shall  be  formed  by  a  line  parallel  to  the 
winding  of  the  coast,  and  which  shall  never  exceed  the  distance  of  ten  nuirine  leagues 
therefrom. 

The  western  limit  within  which  the  territories  and  dominion  conveyed, 
are  contained,  i)asKes  through  a  point  in  Hei>ring's  Straits  on  the))arallel 
of  sixty-live  degreeM  thirty  minntes  north  latitude,  at  its  intersection  by 
the  meridian  which  passes  midway  between  the  islands  of  Krusenstern, 
or  Igimlook,  and  the  island  of  Itatmanoil',  or  Noonarbook,  and  proceeds 
due  north,  without  limitation,  into  the  same  Frozen  Ocean.  The  same 
western  limit,  beginning  at  the  sante  initial  ]>oint,  proceetls  thence  in  a 
course  nearly  southwest,  through  Behring's  Straits  and  Behring's  Sea, 
so  as  to  i)ass  midv.ay  between  ilie  northwest  point  of  the  island  of  St. 
Lawrence  and  the  southeast  jjoint  of  CapeChonkotski,  to  the  meridian 
of  one  hundred  and  seventy-two  west  longitude ;  thence,  from  the  in- 
tersection of  that  meridian,  in  a  southwesterly  direction,  so  as  to  i)a88 
midwuy  between  the  island  of  Attou  and  the  Coj>])erIsland  of  the  Kor- 
luandorski  coujilet  or  group  in  the  North  Pacific  Ocean,  to  the  meridian 
ot  one  hundred  and  ninety-thiee  degrees  west  longitude,  .so  sts  to  include 
in  the  territory  conveyed  the  whole  of  the  Aleutian  Islands  east  of  that 
meridian. 

Article  II. 

In  the  cession  of  territory  and  dominion  made  by  the  i)rec«Hling  arti- 
cle are  ineUuled  the  right  of  i)roperty  in  all  |»ublic  lots  and  squares,  va- 
cant lands,  and  all  public  buildings,  fortifications,  barracks,  and  other 
edifices  which  are  not  private  individual  property.  It  is,  however,  un- 
derstood and  agreed,  that  the  churches  which  have  been  built  in  the 
ceded  territory  by  the  Ku.ssian  Government,  shall  remain  the  proj)erty 
of  such  members  of  the  Greek  Oriental  Chuich  resident  in  the  territory, 
as  may  choose  to  worship  tlierein.  Any  government  archives,  papers, 
and  documents  relative  to  the  territory  and  dominion  aforesaid,  which 
may  be  now  existing  there,  will  be  left  in  the  possession  of  the  agent 


SKAL    FISIIEKIES    IN    l*:i{IN(J    SKA. 


249 


of  the  I'luted  Stiiti's;  but  an  antlionticiitcd  copy  of  siicli  of  tlu'in  ,jis 
may  ho  required,  will  he,  at  all  tiuu's,  {{ivtMi  hy  the  Uuitetl  ^States  to 
the  Russian  (Jovernnieiit,  or  to  such  Ivussian  olllcer.s  orHuhjects  as  tliey 
may  apply  lor. 

Articlk  hi. 

The  inhabitants  of  the  ceded  territory,  according;  to  their  choice,  re- 
serving their  natural  alle};iancc,  may  leturn  to  Itussia  witliiii  three 
years ;  but  if  they  shouhl  |)rcfer  to  remain  in  the  ceded  territory,  tiiey, 
with  the  exception  of  unci  .'liize*!  nativo  tribes,  shall  be  admitted  to  tlio 
enjoj'ment  of  all  the  rijjhts,  advantajjes  aiul  immunities  of  citizensof  the 
United  States,  and  shall  be  maintained  atid  protected  in  the  free  enjoy- 
ment of  their  liberty,  property  r.iid  reliRion.  The  uncivilized  tribes  will 
be  subject  to  such  laws  and  regulations  as  the  United  States  may,  from 
time  to  time,  adopt  in  regard  to  aboriginal  tribes  of  that  country. 

Article  IV. 

Mis  Majesty  the  Emperor  of  all  the  Itussias  shall  ap])oint,  with  con- 
venient despatch,  an  agent  or  agents  for  rhe  purpose  of  formally  deliv- 
ering to  a  similar  agent  or  agents  a]>pointed  on  behalf  of  the  United 
States,  the  territory,  dominion,  property,  dependencies,  and  api)urte- 
nances  which  are  ceded  as  above,  and  for  doing  any  other  act  which 
niay  be  necessary  in  regard  thereto.  IJut  the  ces-'on,  with  the  right  of 
immediate  ])ossession,  is  nevertheless  to  be  deemed  complete  and  abso- 
lute on  the  exchange  of  ratifications,  without  waiting  for  such  formal 
delivery. 

Article  V. 

Immediately  after  the  exchange  of  the  ratifications  of  this  conven- 
tion, any  fortifications  or  military  posts  which  may  be  in  the  ceded  ter- 
ritory shall  be  delivered  to  the  agent  of  the  United  States,  and  any  Rus- 
sian troops  which  may  be  in  the  territory  shall  be  withdrawn  as  soon 
as  HJay  be  reasonably  and  conveniently  practicable. 

Article  VI. 

In  consideration  of  the  cession  aforesai<l,  the  Uuited  States  agree  to 
pay  at  the  Treasury  in  Washington,  within  ten  months  after  tlie  ex- 
change of  the  ratifications  of  this  convention,  to  the  diplomatic  repre- 
sentative or  other  agent  of  his  Majesty  the  Emperor  of  all  the  linssias, 
duly  authorized  to  receive  the  same,  seven  million  two  hundred  thou- 
sand dollars  in  gold.  The  cession  of  territory  and  dominion  herein 
made  is  hereby  declared  to  be  free  and  unincumbered  by  any  reserva- 
tions, privileges,  franchises,  grants,  or  iiossessions,  by  any  associated 
companies,  whether  corjjorate  or  incorporate,  Russian  or  any  other,  or 
by  any  ]>artie8,  excei)t  merely  i)rivateiiHlividual  property  holders  ;  and 
the  cession  hereby  made,  conveys  all  the  rights,  franchises,  and  piiv- 
ileges  now  belonging  to  Russia  in  the  said  territory  or  dominion,  and 
appurtenances  thereto. 

Article  VII. 

When  this  convention  shall  have  been  duly  ratified  by  the  President 
of  the  United  States,  by  and  with  the  advice  and  consent  of  the  Senate, 
on  the  one  part,  and  on  the  other  by  his  Majesty  the  P^mperor  of  all  the 


250 


SEAL    FISHKRIKS    IN    HKRINO    SEA. 


Rirssias,  the  ratifications  sliall  be  ex(5han{ro<l  at  Washington  within  three 
niontiis  from  the  date  itereof,  or  Hooner,  it'  poHsibh'. 

In  faith  whereof,  the  resjK  v.  "e  phMiipotentiaries  have  signed  this 
convention,  and  thereto  aitixe?]  ♦!  ^  seals  of  their  amis. 

Done  at  Wasliington,  tlie  tU'itieth  day  of  iNIareh,  in  the  year  of  our 
Lonl  one  tlionsand  eight  hnndred  and  si.\ty;.«ven. 

L.  y.j  William  II.  Skwaud. 

L.  s.  Kdova  kd  ue  Stokckl. 


V: 


No.  11)2. 
Jfr.  Setcard  to  Mr.  Clatj. 

No.  27.*J.]  I)E!»AUTMENT    OF   STATE, 

]Vtinliin(/ton,  December  li3,  18G7. 

Siu:  y.\u'\\  anxiety  had  h"  (treated  in  the  Unite<l  States  by  the 
report  that  Captain  Mellen,  nia.ner  of  the  ship  Kuropa,  a  United  States 
whaling  vessel,  lias  written  to  the  owners  of  tiie  vessel  that  a  party  of 
Kiissians  had  established  a  fishery  on  the  shore  near  Okhotsk  Uity,  in 
the  Sea  of  Okhotsk;  that  a  Knssian  armed  steamer  has  been  there  and 
orden'd  the  ships  all  away  ;  that  Llie  ciiptain  of  the  steamer  said  he  was 
anthorized  to  drive  United  States  whaleis  away  from  the  place;  and, 
tinally,  that  the  ciiptain  of  the  steamer  has  tired  upon  the  ship's  boat 
of  the  baik  Emlearor,  of  New  Hedford. 

y\x.  I)e  Stoeckl,  to  whom  1  have  applied,  has  no  information  on  the 
subjej't.  The  statements  received  at  this  Department  ar^^  altogether 
vague  and  without  authentication.  I  will  thank  yon  to  ascertain  from 
the  prime  minister  for  foreign  afiairs  what  fonnd.ation,  if  any,  there  is 
for  the  statements,  and  what,  precist-Iy,  are  the  instructions  «)t'  tln^  im- 
perial govciiimcnt  ai)pertaining  to  the  llshcies  in  the  Sea  of  Okhotsk. 
1  am,  sir,  etc., 

William  II.  Seward. 


No.  VX\. 

Mr.  Clay  1o  Mr.  SeicariK 

No.  IT'i.)  Legation  of  the  United  States. 

St.  J*eterxhu}g,  January  18,  l.StiS. 

Sir  :  I  now  transmit  to  you  a  copy  of  my  note  to  I'rimie  (l(>rt(!hacow 
in  reference  to  the  Okhotsk  allair,  and  al.so  u  copy  of  his  reply,  thniugh 
the  adjunct  of  tlu^  mini.stcrof  foreign  afiairs  lo  Ilis  Imperial  Majesty,  M. 
de  West  maun. 

I  am,  sir,  your  obedient  servnnt, 

C.  M.  Clay. 


Itlicloitiirn  1  ill  Mr.  Clny  »  No.  17S.1 

,l/r.  Clan  '"  /''"ffife  Oortchacoiv. 

Ktrtv.  ItiK]  Lkoation  ok  tiik  1'nhki»  Statks, 

St.  I'eterHbunj,  liiii»niit,  Jitniutrij  l.^,  IHtJH,  ^V.  8. 

T1ii>  ni)(l«'rMiH[iHMl  Iihh  tlm  lionctr  to  rttpifMciit  to  IiIm  i'xc«'lIriM'v  Friiic«  tii)rtrluic«>w» 
chiincfllor,  etc.,  to  Mis  Iinpfrial  MiijoNty,  «>t*'.,  th»t  he  iHiiiHtnicted  liy  tlioWiiHliiii^toti 


SEAL    risHEKlKS    IN    BERING    SKA. 


251 


Gi)v<'rniiu'iit  to  inform  the  iinpuriiil  Government  that  miiel>  anxioty  has  Ix-en  created 
in  the  IJniteil  States  hy  a  roji.irt  from  Captain  Mellon  of  tliH  American  wiialinj;  Hliip 
Knropa,  to  its  owners,  that  a  i»arty  of  Rns.sianM  ha<l  eHtabli^slle(l  a  lishery  near  tho 
city  of  Okhotsk,  in  the  sea  of  that  name,  an<l  that  a  Russian  armed  Hteamer  liaii  or- 
<1(M'Mil  the  ships  away  in  the  name  of  the  Russian  (ioveriimeiit,  claiming  to  he  so 
anthori/ed  ;  and  that  the  captain  ot  said  steamer  had  tired  upon  tho  huats  of  the  hark 
Kiuiciiri)!-,  of  New  liedfoni. 

Mr.  de  SirMTki  has  lieen  ahlo  to  fjive  no  information  upon  the  siihjcvjt.  Tlio  Secre- 
tary of  .still-  a<lds  that  tiie  statements  riM-iMved  at  the  Depaitment  are  iilto;rether 
vaiiHe  and  without  anthenti(!ation,  and  he  tiierefore  rri|inMts  (d'  the  nnder>i;;ned  to 
ascertain  from  ids  excellency  Prince  (Jortcdiai'ow  wliai  are  pr.  cisely  the  instructions, 
if  any,  f^iveii  hy  the  Itu.s.iiaii  (lovernment  in  rej^ard  to  the  (isheries  in  tli<'  .sea  <d"  Ok- 
hotsk. 


'I'iie  .Vmerican  minister  has  the  honor,  etc., 


C.  M.  Clay, 


[Iiii-IoMiiru  2  ill  Mr.  ('!.iy'.-<  No.  IT'i.     Tiatishuioii.l 
*  Mv.  Wvximutin  to  Mr,  Clai/. 

Till'  cliiiiicidlor  of  the  empire,  who  is  sick,  as  yon  Know,  my  dear  jiiin-ral,  has 
charged  me  to  answer  your  not«;ot'  tin'  Ittl  ( l.")tii;  <d'  .laiuiiiry,  instant.  FIa\  iiijr  jisked 
(dnniiiHli' )  iii  tilt-  ministei' of  marine  iiit'urmiitiim  upon  tlif  ali'.iir  ii.imeil  in  your  note, 
Admiral  Kr.itihr  has  Just  iiifornn'tl  us  that  the  minister  of  marine  has  not,  up  to  the 
jn-i'seiit  lime,  ;iiiy  knowledge  of  tlie  co'illiet  (coiijlil)  which  has  t.ikeii  plan'  i"  the  si'.» 
«if  Okhotsk  het  wi-en  the  Ivussian  and  .Van  lieaii  .«.hips. 
Afcepi,  etc., 

Wk.stm.wx. 

J.VMAIiY  ."«,   Ht!-<. 


No.  I'll. 

Mr.  Si'icKrd  to  Mr.  ('laif. 

No.  -7S.  DkI'AUTMKNT  OK  Statk, 

\Vanhitujt(nt,  Fehruart/  \ll,  ISIJS. 

Sn;:  1  rt'i'iif  on  rlii.s  occa.sioti  to  my  tH.^nurcli  No.  l'T.'I,  wliicli  rt'latt'il 
to  iiilt'iicd  lio.stilc  (ItMiioii.striifioiis  of  a  Kiis.siiiii  ai'iiicd  vessel  aoaiiisi  a 
rHitcti  States  wlialiiio;  vessel  in  the  .sea  of  Okliotsk.  That  coniinimi- 
cation  was  <jfi'oiin(le(l  upon  inei'e  nunor,  whieli  t'lirnislieil  no  details  and 
was  stippoited  hy  no  evidence.  I'lituM' (rorteliaeow,  in  his  reply,  an- 
swered siiltstantialiy  that  the  I'nssiaii  (ioverninent  had  no  int'oiination 
of  the  allejfed  tMnitliet.  and  had  ^.iveii  no  oi'ders  or  diriH'tions  under 
wliieh  any  hoslil(>,  deiiionstralinns  cvuid  have  i)een  made. 

At  last  1  hav(^  retteived  det.iils,  wiiieli.  however,  ari^  very  limited,  and 
testimony  whieli  is  very  meomplete.  This  stil)se<|nent  iiitoriiiation  is 
<;ontaiiM'd  in  a  dispateh  (»!'  .Mtnoaii  L.  SmItii,  esip,  I'lnled  States  eon."ii 
ar  llonolnlii,  which  is  a(UM)mpanied  by  a  deposition  matie  by  Manuel 
Enos,  master  of  the  .Vmerican  bark  Jdni*  In  l»riel',  Mr.  Mnos's  .state- 
ment pre.M'iil.s  the  lollowinij  laetH.  namely;  That  on  the -7  h  of  .Iidy, 
while  he  was  ('riiisin;^  for  whales  in  Shantar  liay,  and  stiintii  ijr  towards 
Silas  Uiehard's  blnlV,  a  l{nssian  arinetl  vessel  came  totvards  bun,  iipptir- 
*Mitly  under  full  steam,  hoisted  its  llaj;  and  threw  open  its  ports.  An 
ot!U'er  from  tliat  Hussiaii  ves.sel  wtMittni  board  of  tho  -fai'd  ami  onhired 
Captain  Hnos  iminediat(dy  on  board  rh<^  Russian  steamer.  Tht^  Rnssi.m 
tjoinmtinder  tlemamled  to  kut»w  the  bnsiiuvs's  of  tln^  liiited  Stat»'s  \essel 
tlier-.     (/aptaiii  Knos  answered  that  his  business  w;is  whaliujr,  wluM'fi- 

•  For  thuHO  pupurit  mv  Dip.  Corr.,  ItMiH,  p.  4(W. 


252 


SEAL    FISHERIES    IN    15EUING    SEA. 


upon  tlie  liuissian  coininaiKU'r  ordered  Captain  Eii;»s  to  leave  the  liay 
witlnn  tAventy-four  lioiirs,  under  a  tlireat  of  taking  Oaptain  KufKi  v.itli 
his  veHsel  to  Nicohnvasky,  or  l)h)Ming  him  out  of  tlie  water,  aa  the  Huh- 
sian  ca])tain  shonhl  tiiiuk  pro]ier.  (3a})tain  l<]no8  replied  that  he  ha<l 
whaled  in  those  bays  for  the  last  seventeen  .years,  and  ha«l  lu-ver  heard 
of  any  one  biinj;  driven  out  or  of  any  purpose  of  exehulin;,'  whalers. 
Ca]>tain  Knos  theretipon  innne«liatelv  h'tt  Shantar  Hay. 

Captain  Knos  further  says  that  he  afterwards  learned  from  some  of 
the  crew  of  the  American  bark  Endeavor,  that  they,  knowing"  nothing; 
of  the  trouble,  went  into  the  saujc  ]>lac»',  Shantar  J>ay,afew  days  after- 
wards, and  that  their  boats  were  tired  into  by  the  sanui  vessel  before 
mentioned,  and  that  they  were  connnanded  to  leave  the  bays  by  threats 
to  the  same  effect  with  those  which  had  been  made  ajrainst  Captain 
Enos.  The  consul  transmitting  this  8tatenu>nt  says  that  he  has  been 
unable  to  procure  the  name  of  either  the  Russian  vessel  or  her  com- 
mander; that  he  is  infornied  by  the  nuisterof  the  I'^ufjlish  bark  C'o/>rt«//, 
that  some  Finns,  subjects  of  the  Czar,  liave  a  whalin;;  station  there, 
keepiny^  two  schooners  in  the  bay  and  having  their  trying  works  on 
shore.  If  we  were  at  liberty  to  assume  these  special  statements  to  be 
true,  and  if  we  were  not  assured  by  the  Russian  Government  that  the 
transa<;tioiis  complained  of  occurred  not  only  without  its  knowled<r«*, 
but  without  any  authority,  we  should  in  that  case  have  reason  for  pro- 
found concern. 

As  the  matter  stands,  with  tlie  possibility  that  similar  armed  hostile 
demonstrations  may  be  nuule  on  the  same  (juarter,  there  is  reason  to 
ai)i>reheiHl  that  discontent  i»ill  arise,  ami  i)erhapscontiict  nuiy  occur  be- 
tween citizens  of  the  United  States  and  the  subjects  of  Russia  in  the 
sea  of  Okhotsk.  >«'othinfj:  could  be  more  inconvenient  than  such  dilli- 
('ulties  at  the  present  monuMit,  as  1  am  well  assured  nothinj?  could  bo 
nu)re  sincerely  deprecat-d  i)y  the  liussian  (iroverument. 

You  will  give  a  copy  of  tliis  communication  to  Prince  Gortchacow, 
and  of  its  accompaninuMits,  Ct)nsul  Smith's  dispatch  and  Captain  Enos's 
deposition,  and  invite  Prince  (iortchacow  to  give  his  attention  to  the 
sanu'  at  his  reasoimble  convenience. 
1  am,  sir,  etc., 

William  IT.  Sewakt). 


No.  P.).">. 


!/>•,  CUiji  to  Mr.  Seward, 


No.  ]  83. 1 


LE(JA'J'I0N  f»F  THE  UNITED  STATE  !, 

tit.  rctershury,  March  LM),  18GS. 

Sir:  Today  1  receive«l  from  Piin<;e  (iortclnu'ow  a  note  of  this  date, 
in  referi'iu'e  to  the  alfairsof  tlu'Jaiva,  in  the  Sea  of  Okhotsk.  I  inclose 
you  a  translation  of  the  same  from  tlu^  FriMich. 

I  am,  sir,  etc.,  C.  M.  Clav. 


|Iii(  IiiHiui'  ill  Mi.(JIii.v'h  No.  IKt. — Tniimliitiou.j 

l-'riinT  (lorlchorow  to  Mi.  (  Itii/, 

» 

St.  l'KTKU8Ul'lt<i,  March  f*,  l-tJH. 
Hy  liit*  iioti' (>rMan'li   4  (Ki)  inHfiml,  Mr.  Clay,  ciiviiy  cxtraonliiiary  iiixl  iniiiintor 
)ilciii)iotfiitiaiy  i>r  till'   Inileil   Stali-s  oi' Aiiii-i'i<  a,    lias  traii.>iiiiltiMl  to  the    iniiMTiul 


SKAL    FISHKRIES    I\    UERING    SEA. 


25a 


:;op_v  of  atliiii-aicli  from  Mr.  .Scwiinl,  accompiiiiied  with  <lociiiuei)ts relative 
)>laiiit  of  ;A(  '.'(r  EiioH,  (-.■iptiiiii  of  an  Ariicru^aii  wlialtT,  upon  th«'  suhjuct  r.f 

('   -.: -.  I  Li  .i I ..   ..: »'\    .-i*    ...  I. : ..  1.     I.  ..    I.„  .1     1 1. .      ..I  .:....*    *l.  .. 


ministry  a  co| 

to  tlio  coin]).,. , -"I ,  ................ ...J,,... ,,. 

iiiiiaNurt's  o(  ri'^or  (*' fh'  mcMinrn  'Ir  lif/riir'')  ni'  wU'w.h  hn  had  hi'cn  ihn  object  on  tlic 
part  of  a  veHst-l  of  tlic  iniperiiil  iiiarinc  in  thi>  waters  of  the  Sea  of  Okliotsk.  In  re- 
sponse to  tiiat  cominnnication,  the  nni1erHi;iiie(i,  clian*  elior  of  the  Empire,  lias  the 
honor  to  inform  Mr  I  lay  that,  tlie  imperial  minisiry  has  not  received,  up  to  this  time, 
the  infornwition  which,  from  the  r<'cepti  m  of  his  tirst  note  of  tiie  l^th  of  January,  it 
hastened  to  demand  (d"  tlie  (•onii)etent  autjioriiics  rel.itive  lo  tliat  allair. 

As  soon  as  tlie  reports  of  these  aniliorities  siiall  reacth  him,  the  undt^r^i^jned  will 
lose  no  time  {ii'nii))nnxrru)  in  commnnicatin;;;  th»  ni  to  Mr.  Clay. 
lie  seizes,  etc., 
•  (iuirrc  iiACow. 


No.  190. 


Mr.  Clai/  to  Mr.  Seicard. 

No.  199.]  LEtJATlON   OF   THE    L'MTEI)   StA'I'ES, 

.S7.  I'dcrnhurii,  AiujHHt  14,  1808. 

Sir:  1  lioroiii  inclose  yon  a  truiislatioti  of  the  note,  from  the  French, 
of  Mr.  tie  We.stinann,  actin^  minister  of  foi'eif^n  allaiis,  etc.,  anda  coi>y 
of  my  response,  in  reference  to  the  j.vllair  in  tite  Sea  of  OUholsk. 


1  am,  sir,  etc., 


C.  M.  Clay. 


[Iiiclii.suro  1  in  Mr.  Claj-'s  No.  191'. — Ti':iiisl:itii>ii.  j 
Mr.  W^'Hlni'inn  to  Mr.  *'l(il'> 

The  nndcrsi^^ned,  actin<j  minister  of  foreign  alVairs,  in  referrin.u;  to  tlie  mite  which 
General  Clay,  envoy  extraordinary  and  minister  idenipotentiary  of  tlit!  IJnitetl  .states 
of  America,  was  pleased  to  address  to  the  cliancellor  of  t  he  Empire,  dat(ul  the  4th 
(Kith)  of  March  uUimo,  has  the  honor  to  inform  him  that  he  has  lieeii  put  in  posses- 
sion of  advices  which,  ai-cordin^  to  thiMlesire  of  the  federal  ;joveriiment,  the  im]ierial 
eal»inot  hastened  to  ask  of  the  minister  of  marine  concermnj;  the  incidiMit  occiiirin;; 
ill  the  Sea  of  Okhotsk",  hetween  an  American  whaler  and  aship  of  the  imperial  luivy. 

These  are  the  circumstances:  The  schooner  .llrmit,  under  the  comnumd  of  liieuten- 
ant  Etoline,  had  lieen  sent  in  commission  from  Nikolaievsk  to  Oudrk.  The  abun- 
dance of  lloatin>{  ice  liavinj^  forced  him  to  enter  into  thc!  {juif  of  Toujjoursh,  he  mere 
met,  the  14th  of  July,  at  about  twenty  miles  to  the  south  of  tlii!  straits  of  CJhautarsk, 
near  the  eastern  ct>asr,  the  American  whaler  Jnra,  occupied  in  remhiriuK  the  oil  of  a 
cai>tureil  whale.  Consideririfj;  tluit  forei^(u  whalers  are  forhitUlen  l)y  the  laws  in  force 
to  lish  in  the  Russian  jjulfs  and  bays  at  a  distance  less  than  three  miles  from  tlie 
shore,  where  the  rij^ht  of  ti.shinjj  i.s  exclusively  reserved  to  Russian  sulyects,  Lieuten- 
ant Et«dine  warned  (i«n7(j)  the  captain  of  t^ie  ./(ira  to  "bear  otf"  from  the  itulf  of 
Toujfonrsh,  which  he  at  once  diti.  The  same  day  the  About  made  forthe  bay  ot  Maw- 
gon,  where  anived,  on  the  next  day,  the  .Vmeric.an  whale-schooiuT  Cantlinc  Foot, 
who.se  captain,  accompanied  by  the  captain  of  the  Jitni,  called  on  Lieutenant  iltoline 
and  dedareil  that  he  Inid  no  nj;ht  to  prevent  them  from  lishiiij;  for  wli.iles  wherevei' 
they  liked.  Lieutenant  Etoline  replied  that  there  were  in  that  respect  established 
rules  (rciilcx),  and  if  they  insisted,  absoliilciy.  upon  lireakiii),;  them,  tliat  he  would  be 
com]ielled  to  jirevent  'hem.  The  cap!  liu  of  t I'.e  scliuoner  rn/o'iiK  /'"'lof  jiretendinj; 
((illdiit  pnlindii)  that  ho  had  entered  into  the  iiay  of  Toiij^oiirsh  in  eouse<|ueneo  of  "de- 
viations IVom  his  cour.se,"  Lienlen.aut  lOtoliue  olVered  :it  once  all  assistance  in  his 
jtower;  ami,  upon  rei|uest,  delivered  him  si-ven  poods  of  biscuit  Irom  the  stoics  of  tlie 
AliDiit.  After  which  the  two  ships  aj^ain  wt'iit  to  sea.  The  llUh  of  July,  that  is,  four 
days  afterwards,  t  he  .schooner  .//lo/i/  met  a  whale,  upon  which  the  comm.inder  caused 
atrial  tiro  to  bt;  madi-.  At  the  same  moment  w.is  neen,  at  al  out  sixteen  miles'  distance, 
a  sail,  n:ime  unknown,  .'iml  neaiei,  three  "clialou|»es,"  tlie  ne:irest  of  which  was  at 
least  three  miles  in  advance  in  the  dinciion  of  the  cannon  tire.  In  theeveniujj  all 
these  ships  had  disappeared.  Tluit  incident  is  registered  in  the  books  of  the  .//com/ 
in  the  fidlowiii;;  terms:  "The  liltli  of  .luiy,  ai  'J  in  .he  eseninjr,  at  anchor  in  the  bay 
of  MawgoiLs,  tired  a  cannon  shot  for  practice  al  u  whale  atloat." 


254 


SEAL    FISHERIES    IX    UERING    SEA. 


I 


iiiool  tlic  cxiM  riiiD'iiial  shot  fniiii  llic  Ahitiil.  Itiit  it  i.s  iiH'oiiO'stiiblf  iliat  the  cdin- 
niaiidcr  ol  llic  Jhoiil  wn.s  acting,'  in  liis  lijilit  wIumi  lie  rciiiiiidiMl  ilio  Aiiicriraiis  (if  the 
lawH  in  vi;;(ir,  and  liis  <ddi;;atiiins  to  cansc  tJH-ni  lo  ifs]i<'ct  llicni.  Ho  certainly  has 
not  traiisfcndt'd  tlir  liniilsof  iiis  ri;ilii.s  in  tiling,  lour  da,v«  al'ttTwards,  a  trial  shot 
nimn  a  Ihiatinji  whale  in  K'lissian  wattrs. 

Ho  had  no  intention  h\  tliat  of  j^ivin^i'  the  Anierieati  whah'fH  a  warnin;:;  (tivcrtinnf- 
mviit),  n.seless  heeanse  they  were  ont  ot  dil'lieiilly,  anil  since  tin-  distanei'  winch  .sepa- 
rated the  Aldiiil  from  the  shijis  and  the  ■' ehaloiijies  "'  in  view  at  the  time  excluded 
all  snch  intentions.  Lieutenant  iOloIine  had  taken  in  their  hehalf  |iroeeedin<;s  eon- 
iorniahk)  to  the  ;;ood  lelalions  heiween  the  two  eonntiies,  .siin;e  he  ha<l  oli'ered  them 
liis  asj^iHtunce  in  repairiufi  their  deviations  IVoni  their  course,  and  in  jirovidintc  them 
witli  iiro\  isions.  I'iiiaily,  t  he  commander  (d'  the  .tlroiil  has  not  thou<;ht  it  necessary 
to  int'orm  the  anthoriticN  of  that  incldeni,  heeausf^  it  appeared  to  liim  of  no  impor- 
tance {iiiKii;iiiti(iiil),  and  lieeause  on  his  ]iart  lie  was  conscious  of  not  haviii<j  tran- 
scended his  ri<:hts,  nor  <  f  having  heen  \\antin<:  in  his  duty. 

The  nndersi^iiied    llattcrs  himself  with  the  hii|ie  ihat  the  Tcderal  (iovi-rnment,  in- 
formed <d"  these  detail>,  will  consider  the  atVair  as  settled  (riiuiilt  )it  CDiiiiiif  vi(li'\. 
He  Ki'izes  at  the  same  tinu'  this  occasion  to  renew,  etc., 

\Vl'.><rMANN. 

St.  ri:TKi!suri:<;,  .liilj'M,  18()8. 


(Iiiclos  ue  'J  in  Mr.  Cliij  s  Xo.  199.] 
Mr.  Clai/  lo  Mr.  WiNtmanii. 

I.I.dAIION   OK   TIIK   UMTKI>   STATK.S. 

St.  J'rlnnhiiry,  Any  nut  'i  (14),  IBliH. 
The  ninlersinned  lias  tli(>  lionor  to  a(d\nowledj:e  the  receipt  of  note  No.  'Z^M^  of  his 
excellency,  M.  «!i    Weslmanii,  aclinj;  ndnister  ol   foreign  all'.iirs,  et<;.,  dateil  .July  :U. 
nltiuio,  Ifdis,  ().   S.,  in  refereiieo  to  the  atiair  iu   tho  Sea  of  Okhotsk,  which  he  will 
hasti'U  to  lay  hefoni  his  (Government. 

Whilst  the  United  Stales  aie  Justly  Jeahuis  of  jill  their  marilimo  rijihts,  the  Ameri- 
can  minister  helievcs  thai  his  (iovernmeiit.  iiaviii<i  had   many  si;inal   jirools  of  tho 
I'riendly  sentimenis  of  His  IiiMieri.il  Majesty's  n.-ivy,  w  ill  he  slow  to  hclieve  iliut  th^y 
or  any  jiorlion  of  His  Iinpe-   ,ii  Majesty's  sul'Jecis  will  tlesiyiirdly  iiivaili'  them, 
'liio  ininister  ol  the  I  iiited  Stales  hej^s,  etc., 

C.    M.    Cl.AY. 


ri 


No.  1!)7. 

Mr.  SHiUrd  to  Mr.  Clay, 

No.  2{)o.\  Depaimmknt  of  State, 

Wdslti Hilton,  Aui/UNt  'M,  I'^^OS, 
SiU:  1  liavo  tho  honor  to  iickiiowh'djje  tin' n-ccipt  of  yom'di.-^piitch  of 
the  14th  of  Aiijiiiist,  No.  IJ)'.),  \vl:i(  li  i.s  iU'compiiiiitMl  by  ii  note  wliich  was 
i»<hli«'s.s«'<l  to  yoti  on  the  .'U.st  ttf  .Inly  la.st,  by  31.  th'  Wi'stinann,  aetiiijj: 
i/ini.stei-  of  forcij;!!  allaiis,  and  w  hicli  contain.s  tho  hni;;  lo(»k»Ml  for  cx- 
jthinHtion  of  the  coMi.sion  which  occiiiit'*!  in  tho  Soa  of  Okhotsk  bctwei'ii 
tho  ooinnninthmt  of  a  Kn.s.sian  .ship  of  war  antl  two  Unitod  Stiitos  whal- 
iua  vosisoks,  an<l  wiiich  wti.s  math'  a  snbjoot  «»f  inipiiry  by  tlii.s  Govorn- 
nuMit.  In  Hnb.stnnt'o  tho  o.xplanation  is,  that  Lionlotnint  I'itolino,  ooiii- 
mandin};  the  iJussian  war  schoonor  Altout,  on  tho  11th  of  July,  1807, 


■ 


SEAL    FISIIKUIKS    IN    IIKRING    SEA. 


255 


Kl 


was  eiiteriiijj  the  {jnlf  of  Tou«jonrisli,  uikI  \a*}1.s  about  twenty  inileato  tlie 
north  of  the  straits  of  Chaiitarsk,  near  the  eastern  coast,  w  lien  he  dis- 
covered the  United  States  wlialiiijj  ship  Jara  occnpietl  there  in  render- 
injj  tlie  oil  of  a  eaptnre<l  whaU'.  The  lieiitenunt  had  n«)  special  orders 
or  instructions  or  char}j:e  from  his  jictvcrmnent  concerniiijj  these  United 
States  whah'rs,  or  indceil  any  wliah-rs,  in  Russian  waters  far  from  or 
near  the  (!oast  of  Kussia.  Movnl,  ho\v«'ver,  by  tlie  consi<leratioii  that 
lliissia  enjoys  the  unih'iiiabk'rijiht  ofadmiralty  in  all  waters  lyinj;  within 
three  miles  of  her  teriitory,  Lieutenant  Ktoiine  warned  the  <;aptaiti  of 
the  Jrti'rt  to  bear  otf  from  the  j^nilf  of  Touyoursh.  Tlu^  (laptain  of  the 
Jara  immediately  moved  away,  in  prompt  compliance  with  tliis  warninj;. 
<  )n  the  next  day  the  Alcout  was  in  the  Itay  of  Maw^iou.  Tiie  ciiptain 
of  the  Tnited  ^^tates  winding'  schooner  Caroline  Foot  a<'(!om|>ani('d  the 
captain  of  the  t/ara,  who  called  upon  Lieutenant  l^toliiu'.  Then  Lieu- 
tenant Etoline  represents  that  the  captain  of  the  rfava  ou  that  occasion 
reiuiirkeil  that  Lieutenant  ICtoline  had  no  n-^ht  to  prevent  their  tishiu}; 
for  whales  wlu-rever  tlu'y  liked.  In  reply  to  this  ^<MU'ral  assertion 
Lieutenant  Ktolint^  said  tiiat  there  aie  n';;nlati()ns,  and  that  if  the  eaj)- 
tainsof  the  whalers  slioidd  insist  <»n  l)reakii).i:'  those  re<;ulations  he  would 
be  obli^i'ctl  to  pre\'ent  them.  Here  the  conversation  ended.  'I'hns  tar 
nothinji'  was  done  by  either  of  the  captains  of  the  whalin^j^  vessels  whicdi 
could  be  consider<'<l  as  an  invasion  or  violation  of  Ivussian  jurisdictimi. 
The  conversation  was  a  desidtory  one,  liavinu,-  n<»  juactiital  beariufrupon 
any  i)ioceetlinj::  ever  before  or  atler  attenipted,  t)r  even  contemplated, 
by  either  i)arty. 

The  i)arties,  indeed,  have  mutually  expressed  themselves  with  some 
iiuliscretion.  Lieutenant  lOtoline  does  not  allef^ethat  the  w  halin;,' ship 
Jara  was  within  .'{  miles  of  the  shore  when  he  wariu'd  her  to  bear  otf. 
On  the  other  hand,  the  ca|)taiu  of  the  Jara  sj)oke  unwarrantaldy  when 
by  implication  he  denied  that  tin*  IJussian  authoriti<'s  have  a  ri{;ht  to 
l)revent  foreijjn  vessels  from  tishin^  for  whales  within  A  marine  miles 
of  their  own  shore.  Lieutenatit  Kt()line  then  otfeied  assistance  and 
furnished  ijrovision  to  the  schooner  Caroline  Foot,  which  vessel  was  then 
in  ilistress;  this  proceedin;^  was  (Muiimendalile,  and  it  is  api)reciated  by 
this  viovernnuMit.  Here  this  merely  accideidal  interc(uirse  between  the 
commanders  of  the  Aleont  and  of  tlu'  I'uited  States  whalers  Jara  and 
Caroline  Foot  i)ractically  emled,  and  certaiidy  without  havin<x  olferecf 
any  serious  jjround  of  complaint  to  the  (Jovernment  of  either  party 
aj^ainst  the  other.  The  transaction,  neverlheless,  had  a  sequel,  and 
this  scijuel  resulted  in  a  misun<lerstandin};  on  the  part  of  the  cajjtains 
of  the  whalers,  l-'onr  <la\s  alter  Ihe  vessels  had  parted  in  the  hay  of 
Mawjfon  {hit  A  Iron t  met  a  whale  alloat.  'J'lu*  commander  ordered  a. 
cannon  to  he  tired  at  the  whale  by  way  of  a  trial  shot.  At  the  same 
inonu'ut  there  appeared,  at  about  1(»  miles  distance,  a  sail,  tnime  un- 
known, and  nearer,  three  chaloupes,  the  nearest  of  which  was  more  than 
3  miles  distant  from  the  Alront,  but  all  in  the  <lirec,tion  of  the  cannon- 
shot,  in  the  evening''  all  of  the  vessels  had  disappeaicd.  It  is  to  be 
jtresumed  that  the  Jara  was  one  of  those  vessels.  The  captain  of  the 
,fara,  hearinj>-  the  report  ol  this  trial  lire  of  the  Aleout,  seemed  to  have 
referred  it  to  thecouversation  he  had  had  foui'days  Itefsii  wiili  Lieuten- 
ant I'itoline,  ami  so  he  has,  not  unnaturally,  represeiKctl  'he  tr.ii!H:'c:ion 
to  this  (b)vernment  as  one  in  v.hich  tlu'  Itussian  otlicei'  had  tired  uj»on  his 
whalinj;  vessel  with  an  intention  Jo  drive  him  from  the  Sea  of  Okhotsk. 

Jiieutenant  lOtoline  disavows  ami  denies  the  coiiclriu'ticui  thus  )  ul 
upon  his  pr()ceedin,!,nn  tlu^  transacti(Mi,aml  theilenial  is  rendered  entirely 
credible  by  the  fact  that  he  set  down  oidy  the  fact  of  his  tiriny;  at  the 


256 


SEAL    FISHERIES    IN    BERING    SEA. 


wbalo  in  his  log-book  and  of  the  veaaele.  seen  in  tlie  distance;  nor  did 
he  think  his  proceeding  of  sucli  importance  or  interest  as  to  report  it  to 
bis  Government,  and  '.:.  .vas  surprised  wlien  informed  of  the  construc- 
tion which  tlie  captain  of  the  Java  ha«l  put  upon  it. 

In  any  «'ase,  tlie  disavowal  by  the  Russian  Government  of  any  hos- 
tile or  unfriendly  direction,  instruction,  or  sanction  of  any  proceeding 
or  intention  unfriendly  to  the  United  States  is  quite  abundant  for  the 
satisfaction  of  this  Government. 

You  will  give  a  copy  of  this  communication  to  Mr.  de  Westmann. 
I  am,  sir,  etc., 

William  U.  Seward. 


Xo.  198. 


>    >•* 


'♦« 


Treaty  bvtiveen  the  United  States  and  Great  Britain,  concluded  at  Wash- 
in  ffton  May  8,  1.S71. 

Article  XXVI. 

The  navigation  of  the  river  St.  Lawrence,  ascending  and  descending, 
from  the  forty  tifth  parallel  of  north  latitude,  where  it  ceases  to  form 
the  boundary  between  the  two  countries,  from,  to,  and  into  the  sea, 
shall  forever  remain  free  and  oi)en  for  the  purposes  of  commerce  to  the 
citizens  of  the  United  States,  subject  to  any  laws  aiul  regulations  of 
Great  Britain  or  of  tlie  Dominion  of  Canada,  not  inconsistent  with  such 
privilege  of  free  navigation. 

The  navigation  of  tlie  rivers  Yukon,  Porcupine,  and  Stikine,  ascend- 
ing and  desceuiling,  from,  to,  and  into  the  sea,  shall  forever  remain  free 
and  open  for  the  purposes  of  commerce  to  the  subjects  of  Her  Britannic 
Majesty  and  to  the  citizens  of  the  United  States,  subject  to  any  laws 
and  regulations  of  either  country  within  its  own  territory,  not  incon- 
sistent with  such  privilege  of  free  navigation. 


>ii 


No.  199. 
Mr.  Hoffman  to  Mr.  Evarts. 

[Extract.] 

No.  44.]  Legation  of  tub  United  States, 

*S7.  r€tcrsl)Hrg,  June  10.  1878.     (Received  June  29.) 

Sir:  My  attention  has  been  called  by  an  intelligent  American  mer- 
chant, long  resident  at  Vladivostock,  on  the  Gulf  of  Corea,  to  the  whale 
and  other  tivsheries  of  the  Sea  of  Okhotsk.  The  restoration  of  our  ship- 
l)ing  interests  to  their  former  prosperity  is  a  matter  which  I  know  you 
have  so  much  at  heart,  that  I  do  not  hesitate  to  call  your  attention  to 
the  subject.  ]My  information  is  tlerived  from  the  archives  of  this  lega- 
tion and  from  the  gentleman  in  question. 

In  December,  18G7,  there  was  much  feeling  excited  in  the  United 
States  by  the  rumor  that  American  whalers  had  been  ordered  ont  of 
the  Sea  of  Okhotsk  and  their  boats  tire<l  upon  by  a  Russian  cruiser. 
Mr.  Seward  instructed  Mr.  Clay,  then  United  States  minister  at  this 


SEAL    FISITEIJIES    IN    HERIXO    SEA. 


257 


is  lega- 

Uiiited 
out  of 
jruisoi". 
at  thi8 


YV 


])08t,  to  briiijj  the  matter  to  the  attention  of  the  KtUMsiaii  Goveriiineiit. 
Prince  Gortchakoft"  replied  tliiit  lie  knew  nothing  of  tlie  occurrence  iii 
question,  but  that  no  orders  had  been  given  to  drive  foreign  fishing 
vessels  from  the  Sea  of  Okhotsk.  Later  Mr.  Seward  sigain  wrote  to  i\Ir. 
Clay  that  he  had  now  learned  the  facts  of  the  case,  which  he  proceeded 
to  detail.  It  ai>pear8  that  the  American  whaler  J^rf,  Captain  Enos, 
while  in  Shantar  l>ay,  had  been  ortleied  out  by  a  liussian  armed  vessel, 
and  that  on  the  next  day  her  boats  had  been  tired  on  in  the  open  sea. 
Mr.  Clay  brought  the  matter  to  the  attention  of  the  liussian  Govern- 
ment, and  in  due  time  received  its  explanation.  It  appeared  tliJit  Lieu- 
tenant Ktholin,  of  the  ariued  schooner  AJeout,  without  special  orders, 
had  umlertaken  to  enforce  ais  undoubted  i)rincipleof  interiuitioiuU  law, 
and  had  ordered  the  Jara,  engaged  in  tishing  in  the  Gulf  of  Tongolsk 
and  within  three  miles  of  the  shore,  to  leave  tluit  gulf;  and  that  the  lu^xt 
day,  as  he  was  practicing  with  his  guns,  he  tired  in  the  direction  of  the 
boats  of  an  American  whaler,  but  at  such  a  distance  that  it  was  impos- 
sible for  his  shot  to  reach  them.  ]Mr.  Seward  appears  to  have  accepted 
the  explanation  as  satisfactory,  and  tlui  matter  <lroppe«l. 

l>ut  the  incident  seems  to  luive  called  Mr.  Seward's  attention  to  the 
subject  of  our  fisheries  in  the  northern  racitic,  and  with  that  fore- 
thought which  distinguished  him,  he  i)roposed  to  IJarou  Stoeckl,  then 
Itussian  minister  at  Washington,  the  "projet"  of  a  treaty  to  regulate 
these  fisheries.  Baron  Stoeckl  was  on  the  jmint  of  visiting  St.  Peters- 
burg, and  Mr.  Seward  requested  him  to  bring  the  matter  to  the  atten- 
tion of  Prince  Gortchakotf. 

In  his  memorandum  of  reasons  for  the  proposed  treaty  Mr.  Seward 
speaks  of  the  great  danger  of  leaving  questions  like  this  unsettled,  on 
account  of  the  bitterness  and  discord  they  arc  so  apt  to  breed.  He 
states  that  the  fisheries  of  the  north  Atlantic  have  been,  from  the  begin- 
ning of  our  national  existence  and  still  are,  a  source  of  ditliculty  and 
danger  to  the  good  relations  of  the  United  States  and  (ireat  Britain ; 
and  adds  that  in  the  absence  of  a  treaty  each  power  will  be  apt,  as 
Canada  and  Kova  Scotia  had  done,  to  enact  laws  aimed  spitefully  at 
the  fishermen  of  the  other  friendly  nation,  "sncsh  exasi>erating  laws  be- 
ing in  time  of  })eaco  equivalent  in  si)irit  to  the  arbitrary  laws  alfcjcting 
trade  which  belligerents  bring  into  operation  when  they  engage  in  war." 

Fov  this  correspondence  and  ])ro])()S('d  treaty,  or  rather  an  analysis  of 
it  and  reasons  therefor,  see  No.  L'T.'i,  J)ecember,  l.S(>7;  Xo.  UTS,  Feliruary, 
18(18;  Xo.28!),  .Tune,  1808;  ^'o.  L'!)r>,  August,  18(58,  and  No.  M'J,  OctobeV, 
18(18,  and  nieniorandum  attached  thcreio. 

The  records  of  this  legation  do  not  show  what  fnrtlicr  st(>i)s,  if  any, 
were  taken  in  icgard  to  tlie  piojrcti'd  treaty.  No  doubt  soiini  record  on 
this  subject  is  to  l)e  found  in  (lu^  Department,  or  perhaps  Mr  Frederick 
W.  Seward  may  be  able  to  give  you  the  information  IVoin  iiieiiMiiy. 

;iMay  1  be  iierniitted  to  suggest  tiiat  the  present  is  a  lav'>ia'»le  oppor- 
tunity to  reiu'w  tlies<^  negotiations.  IJussia  is  very  friendly  towards 
the  LTnited  States.  I  am  not  prepared  to  say  that  the  lisheries  upoa 
our  coast — excejit  the  whale  lisliery — are  of  less  valne  than  than  those 
upon  the  Kns^iaii  coast ;  but  I  am  conlident  that  our  lishermen,  witli 
their  usual  enterprise,  will  use  these  much  more  than  the  Kussians  would 
use  ours. 

However  this  may  be,  it  is  certain  that  the  Sea  of  Okhotsk  and  the 
east  coast  of  Kanudiatka  teem  with  fish.  The  king-salmon  is  found  in 
the  latter,  a  delicious  fish,  reaching  as  high  as  I'JO  pounds  in  weight; 
and  so  abundant  are  the  salmon,  that  a  boat  load  of  one  hundred  fish, 
averaging  10  pounds,  may  be  bougiit  for  3  rubles — $1.50.  But  probably 
%.  E\.  lOG 17 


258 


sp:al  fisheries  in  herixo  hea. 


'•  \y- 


tlie  most  valuable  fishery  of  all  is  the  cod,  lor  I  believe  it  \r  not  found  on 
our  I'aciflc  coast,  and  there  is  pre.at  demand  for  this  tish  in  San  Fran- 
cisco. Several  boatsfrom  that  city  are  nowen<jajjed  in  this  flsherj*,  and 
KO  profitable  is  it,  that  the  number  is  constantly  and  rapidly  increasing. 
The  fish  are  taken  oil"  the  southwest  coast  of  Kamchatka  in  the  open 
sea,  thrown  into  the  hold,  and  s.alted.  No  doubt  an  effort  will  soon  be 
made  to  carry  them  to  San  Francisco  alive. 
I  have,  etc., 

WicKHAM  Hoffman. 


No.  200. 

Mr.  Frdbujhuyiten  to  Mr.  Ilofi'man. 

No.  IL'O.j  Department  of  State, 

Washington,  March  7,  1882. 

Sir  :  I  inclose  copies  of  letters  from  the  Treasury,  and  a  copy  of  a 
letter  Irom  IMessrs.  Lynde  &  Hough,  of  San  Francisco,  to  the  Secretary 
of  the  Treasury,  touching  the  Tacitic  coast  fisheries.  This  latter  com- 
munication stales  that  according  to  late  news  *'  foreign  vessels  must 
receive  an  order  from  the  governor  of  Siberia,  besides  paying  duties  of 
$10  i)er  ton  on  all  fish  caught  in  Russian  waters,"  which  they  say  would 
be  ruinous  to  their  business.  Jn  view  of  the  above,  I  have  to  ask  that 
you  will  make  immediate  inquiry  on  this  subject,  and  report  the  facts. 
Jf  a  brief  telegram  will  furnish  information  of  value  to  our  fishermen  in 
this  reg.ard,  you  can  send  one. 
1  am,  etc., 

FRED'K   T.    FRELIN(M1UVSEN. 


[IiidoBiire  1  in  Xo.  120.] 

Mr,  I'ohjcv  to  Mr.  Frifl\n(jhu\i»tn. 

TllKASUHY  DkI'A ItTMKXr, 

February  '2,  1882. 
SiK:  I  have  tlic!  honor  to  acknowlod^jo  tlio  rci-j-ipt  of  your  li'Ker  of  tli«  3(1  iiltitno. 
truiiNmittinn  u  c()|)y  of  a  <lis)tat('li  of  tlio  til.st  of  November  lant  from  tlio  iiiiiiistcr  of 
tlio  lJnit«'<l  .StjitcM  at  Tolu'i,  .Japan,  with  ifw  iiichmure,  lelativo  to  the  iiotict^  jriviMi  by 
tho  ItiiHHiau  con.siil  at  Yokoliaiua  in  rt-fereiico  to  the  licensing  of  foreign  veHseLs  trail- 
ing, inmling,  or  li.sliing  on  ih(!  Asiatic  coast  of  KiisHia. 

I  have  to  inform  yon  lliat  this  L)ej)artment  lias  i.sHned  circnhir  in.strnctioiis  to  col- 
h^ctor.s  of  ciiHtoniH  and  otlii-rs  at  every  port  throtighont  the  conntry,  to  which  the 
Rns.sian  consnl'ii  notice  in  Hnl>joincd,  dated  January  'M,  18H'i,  and  I  inclOMe  herewith 
six  co])ie.s  of  the  circniar. 
V^ery  respectfully, 

Chas.  .J.  Foloek. 


fJirculur.) 

Pirmil  required  for  ItiiiiHitij,  trailing,  and  fishimj  on  Jiuaaian  coaata  of  the  Okhotak  and 

Jleliriny  Hiaa. 

TicKASUHV  Dkpauimknt,  Okfick  ok  tiik  Skckktauv, 

U'aaliington,  IK  C,  Jifnuari/  ;{0,  18H:i. 

To  Cor.LKCTOE.s  ov  (ir.sroMs  ani»  Otukhs: 

The  Hulijoined  notice  by  the  RiisHian  consul  at  Yokohama,  that  American  vessels 
are  not  allowed,  without  a  special  permit  or  liccnso  from  the  governor-g<(ticrul  of 


SKAL    FISHERIES    IN    BERING    SEA. 


259 


Enstprn  Sil»('ii:i,  "to  eariy  on  hmitiiij;.  triidiiij;,  rmliiiifj,  etc.,  on  tlin  Uiissiiin  coastH, 
or  iMlamlH  in  tlio  OkliotNk  or  IW-lniiij;  S<'aH,  or  on  the  northfiiKtern  (Mtant  of  Asia,  or 
williin  tlio  Bea-lioinulary  lini',"  in  pnliiiNlu-d  by  tlio  Department  for  the  information 
of  Arncriran  Hlii|»-maHt«'is  int<'rf8t((l. 
It  will  \hi  obfiorved  tbat  the  Knssian  ordor  took  fd'oct  on  January  1,  \f*r'>. 

ClIAil.   J.    Fol.OKIl, 
iUfcrttars/, 

NOTICK. 

At  tho  rccpicHt  of  tho  local  anthoriticH  of  IStdirin^  and  oth(>r  islandH,  tho  niKbirsiirni-d 
h«n'l»y  notitit'H  that  the  Russian  Imperial  Uoveniment  publishes,  for  general  knowl- 
e(l(re,  the  followinf; : 

I.  Without  a  special  permit  or  license  from  tho  <j;<»vernor-jQ;»)nerul  of  Eastern  Siberia, 
foreign  vesstdH  are  not  allowed  to  carry  on  tracling,  linntiug,  iisbing,  etc.,  oii  the 
Russian  coast  or  islands  in  the  Okhotsk  and  liehring  Seas,  or  on  the  northeastern 
coast  of  Asia,  or  within  their  sea-boundary  line. 

II.  For  such  permits  or  licenses,  foreign  vessels  should  apply  to  Vladivostok,  ex- 
clusively. 

III.  In  the  port  of  Tetropanlovsk,  though  being  the  only  port  of  entry  in  Kamt- 
schutka,  such  ]M>rmits  or  licenses  shall  not  be  issued. 

IV.  No  permits  or  licenseH  whatever  shall  bo  issued  for  hunting,  fishing,  or  trading 
at  or  on  the  Commodore  and  Robben  islautls. 

V.  Foreign  vessels  found  trading,  tisbing,  hunting,  etc.,  in  Russian  waters,  with- 
out a  license*  or  permit  from  thegovernor-geiu'ral,  and  also  those  possessi^ig  a  license 
or  pi-rmit  who  may  infringe  the  existing  by-laws  on  hunting,  shall  be  couliscated, 
both  vessels  and  <  argoes,  tor  the  benefit  of  the  government.  This  euactuu-nt  shall  be 
enforced  henceforth,  conimeneing  with  A.l).  IHHi. 

VI.  Tho  enforcement  of  the  above  will  bo  intrusted  to  Russian  men-of-war,  and 
also  to  Russian  merchant-vessels,  which,  for  that  purpose,  will  carry  military  detach- 
ments and  be  provided  with  proper  instiuctiuns. 

A.  Tki-IKax, 
JI.  1.  Ji.  M.  Consul . 
Yokohama,  Xovember  15,  IS-il. 


I  IiiL'loRure  2  in  So.  V20.  | 

Mv.  J'olficr  to  Mr,  FrvUinjhuijHen. 

TURASL'UY   DF.rAKT.MKNT, 

Fehnuiri/  \>i,  IH&2. 

Siu:  I  have  the  honor  to  inclose  herewith,  for  such  notion  in  the  case  as  you  may 
deem  propter,  a  letter  frou»  Messrs.  Lyndo  &  Hough,  of  San  Francisco,  Cal..  stating 
that  they  are  extensively  engaged  in  the  I'acific  coast  cod-tisheries,  and  that  they 
will  tit  out  their  vessels,  to  sail  about  the  1st  of  May  next,  in  that  enterprise,  in  which 
they  have  never  been  molosted;  but  they  now  learn  that  foreign  vessels  must  receive 
an  order  from  the  governor  t>f  Siberia,  besides  ]»ay  a  duty  of  §10  per  ton  on  all  lisn 
caught  in  Russian  waters,  whic.'i,  if  sustained,  will  be  ruinous. 
Very  respectfully, 

ClIAS.   J.    FOI.OKU, 

Si'vretnry. 


|InL'lo8ur<-niii  Xo.  120.1 
Meitgra.  Li/nile  <f-  Ilouijh  to  ^fl•.  I'ohjer. 

San  Francisco,  l\hniar\j  15,  188*2. 

SiK  :  You  will  please  pardon  us  for  this  aeeming  intrusion,  but  the  matter  in  which 
we  now  seek  your  aitl  nud  kind  assistance  is  of  great  import  to  ns. 

We  now  are  and  have  been  extensively  engaged  in  tlio  I'acilic  coast  cod-lisherics, 
and,  in  fact,  are  among  the  very  few  who  fifteen  years  ago  started  in  a  small  way, 
believing  with  energy  and  fair  dealing  we  c<uild  work  up  an  enterprise  that  would  bo 
a  benefit  to  the  coast.  Our  ideas  were  correct.  We  have  been  yearly  sending  vessels 
to  the  coast  of  Kamchatka  (Sea  of  Okhotsk)  for  fish.  We  never  have  been  molested 
ill  Russian  waters  from  catching  codfish  or  |irocuriug  bait,  which  are  small  salmon  in 
the  rivers,  or  tilling  fresh  water  for  use  of  ship,  but  it  appoarsnow  there  is  a  law  which 
has  never  been  enforced  against  foreigners,  the  same  wo  have  recently  noted,  and 


2C0 


SEAL    FISIIKRIKH    IN    HKRINC}    SKA. 


which  wi<  have  lifcii  ii|i|iii.>*cMl  of,  iiiiil  tlitt  HiiliHtuiicit  \h  tliat  t'<ir«M);ii  vcsnoIh  iniiHt  ro- 
ccivo  an  ordi-r  iVom  tlio  ;;(i\»'riior  ol"  Silitiiiji,  ln-siilcs  imi-.t  i>uy  u  <liit,v  <»!"  ijl*'  p<'i'  ton 
on  all  lihli  ('aiii;lit  in  Kn.HMian  walers,  'I'liin  ilccrcc,  if  HiiHtuinfil,  \h  rninouM  to  oiio  of 
rlin  lifMt  and  lisin^  imlnstiics  of  tlir  (toaNt,  and  as  wo  lit  onr  vi-hmcIh  to  Hail  about  iHt 
lit'  May,  Ifavcs  iih  lint  llltli'  ciianci^  to  an'an;;c  matters  I  Ills  soason  Havo  willi  your  kind 
ansistancc  in  tin'  niatttT.  Onr  IniMirn'ss  is  llsjiiii^  I'litircly.  Wt<  nso  notrado  witliiia- 
tivt's,  has  in<r  notiiin;;  to  do  witli  tin*  tal^in;;  or  pnrclniNin;;  of  furs.  At  tliis  tiino  we 
an*  plai-i'd  in  a  very  l>ad  |ir<>ilii-ainiMit.  'i'liiMiin;;  tliat  yoii  can  ridiuvu  iin  from  tliiHoiii- 
barrassincnt,  ami  iccfi\i«  an  i-arly  reply  on  tin;  sniiject, 
\Vr  are,  ete., 

Lynoi-,  &  Hoioii. 
I'.  S.— Onr  vessels  lisli  from  10  to 'J.'i  miles  from  slmre. 


No.  L'Ol. 


Mr.  lIolTmnn  to  Mr.  Fn'Iiii(iliiii/s('n. 

Ko.  L'(I7.|  LF.aATioN  or  thk  Unitkd  Statks, 

St.  Vvtcrshnr!/^  March  11,  18S2.     (Ut't'oived  April  3.) 

Siu:  I  Jiiivc  tlu'  lioiior  to  .'t<',kii()\vl«'<l;,M^  the  receipt  <»f  a  cinMilar  of  the 
Treasury  Department  of  .laiiiiary  .'K)  last  upon  lli(5  siiljjeet  of  fishiiij;, 
etc.,  ill  \]n'  ISeliriii;;  iSea  and  in  the  Sea  of  Okhotsk. 

1  am  al)hi  to  o-ive  the  Department  some  little  inCormatioii  npon  this 
siihjeet,  (leiived  iieaily  four  years  aj^o  from  Mr.  Charles  H.  Smith,  for 
many  years  a  ri-sideiit  of  V'^ladivostok,  and  at  one  time  our  consul  or 
vicecfuisui  at  that  port. 

A  glance  at  the  map  will  show  that  the  Kurilo  Islands  are  dotted 
across  the  entrance  to  the  Sea  of  Okhotsk  the  entire  distance  from  Japan 
on  tlu^  south  to  the  southernmost  cape  of  Kainehatka  on  the  north. 

In  the  time  when  Jiussia  owne<l  the  whole  of  these  islands  her  repre- 
sentatives in  Siheria  claimed  that  the  Sea  of  Okhotsk  was  a  mare  c'tu- 
xnm,  for  that  liussian  jurisdiction  extended  from  island  to  island  an<l 
over  two  marine  leajjues  of  intermediate  sea  from  Japan  to  Kamchatka. 

I >ut  about  five  years  aj,'o  Russia  (ieded  the  southern  ffroiipof  these 
islands  to  Jajian  in  return  for  the  half  of  the  island  of  Saghalien,  which 
l»elonj,'ed  to  that  ]K)wer. 

As  soon  as  this  was  done  it  became  impossible,  for  the  Siberian  au- 
thorities to  maintain  their  <'laim.  iMy  informant  was  not  aware  that 
this  claim  had  ever  been  seriously  made  at  St.  I'etersbiir};. 

The  best  wiialiiij;  grounds  arc  found  in  the  bays  ami  inlets  of  the  Sea 
of  Okhotsk.  Into  these  the  Russian  (lovernmenr  does  not  permit  for- 
eioii  whalers  to  enter,  upon  the  ground  that  the  eiilraiXMi  totliem,  IV(»in 
headland  ro  headland,  is  less  than  two  marine  leagues  wide.  Rut  whiU^ 
they  jn'riiiit  no  foreign  whalers  to  ju'iietrate  into  these  bays,  they  avail 
themselves  (»f  their  wealth  very  little.  TIk^  whole  privilege  of  whaling 
in  those  ,  aters  is  a  monopoly,  «)\viied  by  an  unimportant  (!(»nipany, 
which  employs  two  »)r  three  sailing  sirhooners  only,  the  trying  and  ot  her 
lab(ui(ais  woik  being  d(uie  at  their  stations  on  shore. 

Referring  to  my  No.  4  l.  of  June,  1.S7S,  I  have  the  honor  to  adil  that 
Raron  Stoeckl  told  me  in  conversation  last  winter  that  we  failed  to  make 
a  fishing  treaty  with  liussia  in  IfSdS,  principally  on  account  of  the  vested 
interests  of  this  ccunpany. 

Mr.  C.  II.  Smith  now  resides  at  (Ireat  Falls,  N.  H.,  and  wouhl  be  glad, 
I  am  sure,  to  put  his  information  at  the  service  of  the  Department. 
I  am,  sir,  etc., 

WlCKlIAM   IIpFFMAN. 


8EAL    FISHKRIKH    IN    BEHING    SKA. 


261 


No.  L'Ol'. 

Mr.  Ilofman  to  Mr.  FfcUiKjhuysrn.  * 

!No.  L'll.|  liKOATioN  OF  riiK  Unitkd  Statks, 

St.  I'vtcrshun/,  March  27,  l^fi'J.     (Kweived  April  KJ.) 

SiK  :  I  liavii  the  honor  to  nckiiowlcdfj;!'  th(^  rt'ccipt  of  your  No.  1L'<>, 
with  its  iiiclosures,  ill  rt'lV'ri'iH'*' tt»  our  I'sicilii!  Occiiii  li.slieri«'s.  Your 
dispatch  rcachcil  inc  yestfrday,  and  tt)-(hiy  I  liav*<  written  to  Mr. 
du  (iitM'N  upon  tlio  std)je(;t,  and  I  ]>ropos(>  to  call  upon  liini  upon  his 
lirst  reception  da.v .  In  the  nu'an  time,  and  until  further  infornnition,  1 
<lo  not  s'-e  that  ai  y  new  orders  necessarily  allectinjiour  lisherinen  have 
l)een  is  ;ed  by  the  Kussian  (Joverniuent.  ^lessrs.  Lynde  «S:  lloujjh 
lniv»5  api)areutly  f;iveu  insullicient  attention  to  the  wor«ls  "Jlussian 
waters."  These  waters  ar«'  defined  in  the  notice  published  by  the  iin- 
l)erial  vice  consulate  at  Yokohatna,  as  follows  : 

I'isliinjr,  etc.,  (Ill  tlio  Kussian  ciuist-  or  islniHls  ii\  tln^  Okliotsk  anil  IJcIiriiifj  Soa«,  or 
on  tilt'  iioillicaHtfrn  cohhI  of  Ania,  t»r  witliin  tlit'ir  h<;ii  ImiUKliuy  Mm'. 

If  I  re(!ollect  correctly  the  infornniti(Mi  fi'iven  nn^  by  ]\rr.  Sndth  upon 
this  subject,  referred  to  in  my  No.  41,  of  dune,  IS7.S,  and  in  my  No.  LM»7, 
of  this  month,  the  cod  baiiks  lie  in  the  open  Sea  of  Okhotsk,  numy  ma- 
rine leajiiies  olV  the  southwestern  <!oasr,  of  Kiiinchatka.  I  observe  that 
Messrs.  Lynde  »!s:  llouyh  state  that  tlieir  vessels  llsh  IVom  10  to  n't  nules 
from  the  shoie.  At  that  <listance  in  an  open  sea  they  can  nt)t  be  said 
*'to  lisli    ipon  tlu'  <!oast." 

I  do  not  think  that  Jfnssia  claim.s  {liat  tlu^  Sosi  (»f  Okhotsk  is  a  mare 
daitsum,  over  which  slu'  luis  exclusive  jurisdiction.  If  she  does,  lier 
claim  is  not  a  tenable  one  sin(ui  the  (ieysicm  of  part  of  the  <;roui)  of  the 
Kurile  Islands  to  tiapan,  if  it  e\ cr  were  tenable  at  any  time. 

I  may  add  that,  accordinjjto  the  information  ^iven  mo  four  years  a^yo, 
Jiussia  opi)oscs  no  objections  to  ibreiij^n  lisher'  en  landinj;  in  desert 
])laces  on  the  coast  of  Kamchatka,  far  from  tue  few  villajjes  whicdi 
are  found  on  that  (!oast,  for  the  i)urposes  of  cat(;hin;;  bait  and  procur- 
ing" fresh  water;  but  she  does  object  to  all  communi(!ation  between 
trading;'  and  lisliiu};  vessels  and  the  iidiabitants,  alle^in^i  that  these 
ve.ssels  sell  them  whisky,  upon  whiish  they  }j;et  drunk  and  ne;;li'ct  their 
fishing,  their  only  means  of  livelihood,  and  then,  with  their  wives  and 
children,  die  of  starvation  the  ensuinj;-  winter. 
1  am,  sir,  etc., 

NViriviiAM  IIori'MAX. 


No.  2(Ki. 


.}[r.  llolYman  io  Mr.  Frelinohuyseu.. 

No  228.)  LKdATION   OF    THE    I'MTED   STATES, 

.S7.  Pclershurf/,  Matj  22,  1.SS2.     (Received  June  (J.) 

Sill:  lieferrinti:  to  your  No.  120  ami  to  my  Nos.  211  and  215,  I  have 
the  honor  to  forward  to  you  herewith  a  translation  of  a  note  recently 
received  from  M.  de  (iriers  upon  the  subject  of  huntiu}^,  lishinjjf,  and 
trading  in  the  Pacitic  waters. 

I  do  not  see  that  there  is  anything  in  the  regulations  referred  to  that 
aft'ects  oiir  whalers,  nor  our  (!od-Hsheries  either,  excei)t  that  when  they 
go  ashore  to  catch  small  llsh  for  bait  in  the  streams  they  expose  them- 


262 


HEAL    t'lSHKKIES    IN    HEIIINU    «1:A. 


Helves  to  interruption  troni  the  ItuHHiun  uutliorities,  who,  ilndiii^  them 
ill  territorial  waters,  may  acense  them  of  having  taken  their  IIhIi  therein. 
I  will  endeavor  to  procure  and  forward  you  a  trauHlation  of  the  articles 
of  the  code  referred  to  by  M.  de  (liers,  that  you  nuiy  have  the  whole 
matter  before  you.  This  can  not  be  done,  however,  under  several  dnys. 
1  am,  sir,  etc., 

WiCKiiAM  Hoi  TMAN. 


iliuloiiuri)  In  No.  2'J8.— Transliuiun.l 
Ml',  de  Giem  to  Mr,  Hoffman. 

.AIlXISTKY  (»K  FOIIKKIX  AlKAIItfl,  ASIATIC  DK.rAinMKNT, 

Mitji  8  CJO),  \f&i. 

Sin:  Rt'li'irinj;  to  llio  pxcliaiiirt*  of  (•ntiiniiiiiifiitioiiH  wliicli  lias  tiikiMi  placB  hetweon 
\\H  «(ii  tlitt  Hiil>j<><!t  ol'a  ii(>ti<'<<  )iiililis)i(>il  liyoiir  coiiniiI  at  ^'okoliaiiia  n^lativit  to  tiHliin>;, 
liiiiitin^,  anil  to  trail*)  in  the  KiiHsian  waters  of  tli<^  I'acilic,  aii<l  in  n^ply  l*>  tliH  note 
which  yon  adilrcHHUil  to  ni*<,  tlali'il  March  15  («7),  I  am  uovv  in  a  poHitiou  to  ^ivo  you 
the  followiiifr  int'onnation: 

A  iioti<'«'  oftlm  tisnor  of  that  anm-xi'd  to  your  note  of  tlu*  ITith  March  was,  in  fact, 
piihliHlMMl  liy  onr  oHiHiil  at  Vokohanni,  and  <Mir  coiiHiil-^encral  at  Man  Fraucioeo  i.s 
aJNo  anthori/.cd  to  )>tibii^4li  it. 

Thitt  nicMNnro  rcftMH  only  to  prohihitctl  indnMtricH  and  to  tint  tradn  in  contra  hand  ; 
the  rcHtrictions  which  it  cstahliHhcM  extend  strictly  to  the  territorial  waters  of  HnsHia 
only.  It  was  reiiuired  l>y  the  nnnieroiiH  ahnses  proved  in  late  years,  and  which  f<  11 
with  all  their  wei^ht  on  the  popniation  of  onrsea-shoroand  of  onr  islands,  whoso  only 
n'eans  of  sn]ipi)rt  is  by  tishinj;  and  hnntin;;.  These  ahnses  inllicted  also  a  marked 
injury  on  the  interests  of  tln^  ('om]>any  to  which  the  Imperial  (iovernment  had  con- 
ceded the  monopoly  of  lishin;;  and  hnntinj;  ("exportation  ")  in  islands  called  the 
"Commodore"  and  the  "Seals." 

Heyond  this  new  rej^nlation,  of  which  the  essi'iitial  jKiint  is  the  (d)lijration  imjtosed 
npon  captains  of  vessels  who  ilesire  to  fish  and  to  hnnt  in  the  Russian  watttrs  of  the 
Pacific  to  provide  themselves  at  \'ladivoslok  with  the  i)ermission  or  license  of  tho 
Hovernor-<;eneral  of  Oriental  .Siheriii,  the  ri;;lit  of  lishin);,  hnntinj;,  and  of  trade  by 
foreij;ners  in  onr  territorial  waters  is  rejjnlated  by  article  5(50  and  those  foUowinjj,  of 
volume  Vi,  pHrtVJ,  of  the  Code  of  Laws. 

Intoiniinj;  yon  of  the  jirecedinK,  I  iiave  the  honor,  etc., 

(Jir.K.s. 


Xo.   liOi. 
Mr.  lioiTrnHn  to  Mr.  FreUiu/huyscn. 

No.  2.31. J  LKftATION  OF  THE  UNITED  STATES, 

*SY.  Pctfrhiin/,  June  14,  IHSL'.  (Received  July  3.) 
Sir:  Keferrinfj  to  my  Xo.  L'JS,  I  hnve  the  honor  to  forwanl  to  you 
herewith  a  tran.slatiou  of  a  note  and  ini'losure  received  yesterday  from 
^l.  de  (iiers  upon  the  subject  of  lishinj;  and  huntiii};  in  the  llussiaii 
Pacific  waters.  As  far  as  I  am  at  present  informed,  the  Department 
lias  now  before  it  the  whole  legislation  of  lUi.ssia  upon  the  subject. 
1  am,  sir,  etc., 

WiCKIIAM   TTOFFMAN. 


(Iiiclosiiro  in  Nn.'j;)!.— Trunsliitiun.J 
M.  de  O'ura  to  Mr.  Hoffman. 
MlN'ISTKK  OK  FollKKiX  AFFAIRS,  ASIATIC  DKrAKTMENT, 

June  1  (i:<),  lt^H-2. 
Sik:  In  couacqnence  of  the  note  which  yon  addressed  to  me  on  the  l:U.h  (*25th) 
Ihlay,  relative  tc  tishiug  uud  liiuiting  in  our  I'acitio  waters,  and  in  which  you  ex- 


sEAi.  Fisnr.HiKs  m  wvaush  ska. 


2G3 


]>roNN(<(I  tlio  iIi'Hirt'  to  hiivo  a  tratiNliitioii  of  t!i«  iirtiitlos  (irmirooilu  whiitli  Kov<>rn  Ihn 
iiiiitUT,  I  liiivo  tilt)  lioiior  to  tniiiNiiiit  to  yim  liort'witlt  ii  tiiiiiNlittion  oCarticluH 'i(iO, 
t!tc.,  of  the  coiU",  voliiiiit!  12,  part  '-'. 
IJcccivc,  sir,  etc., 

OlKUH. 

ITnumlutloii.] 

Anr.  r}i]0,  Th«»  uinritiiiin  wattTH,  oven  wJioii  tlinv  whmIi  liio  sliori's  wlicro  tlit-rc  ix  n 
|M;riiMiHMit  po|niIutioii,  can  not  bo  tlio  Hiihjt^it  of  privattt  |M).sHi*>tNi(iii ;  tlicy  ant  oiicti  t(t 
tli*<  iiso  of  Olio  ami  all. 

AUT.  .")<>l.  No  i'Xt!0|itinii  will  be  iiuuln  to  tliiH  pMifial  riili!,  fx-opt  niidor  tlio  form  of 
Kpiicial  |irlviIo)roN  granted  fur  tlio  ri^lit  of  liHliiii;;  in  cortaiii  llxetl  localitieH  an  1 
iluriiif;  liinltod  pcriodH. 

AliT.  r>G2.  The  abovo  ro^julation  ronanliii^i  llio  rii;lit  of  llsliiii;^  ami  analogous  occu- 
pations oil  thn  Noan  oxtuiulH  oi|iially  to  all  laUcs  which  do  not  bdoii;;  to  privato  |irop 
crtios. 

Akt.  ')(■»').  No  roHtriction  Hliall  bo  PHtabliMliod  as  icjtaidH  tlio  apjHiratiis  (cnjjiiM's) 
eiii|doy«Ml  for  liHliin^  and  for  analoKoiiN  ociMipatioiis  in  tlio  lii^h  Ncas,  aii*l  it  Khali  bu 
itorniittod  to  ovory  oint  to  iiso  for  thiH  pnrpoHo  nikIi  ap|ijti'atiiH  as  ho  shall  jntlge  to  bu 
IiuHt  according  to  the  circiiinHtancoH  of  tlio  locality. 

AuT.  .^1/1.  .Sliiim  in  <|iiariiiitiiio  aro  not  ]>oniiittod  to  fish.  Tlio  Nanio  )M'ohi)iition  ox- 
tends  in  ^onoial  to  all  persons  in  tliosu  localities  whuro  ships  aro  lyiii^  undergoing 
i|iiarantine. 


No.  liO."*. 


Mr.  Bayard  to  Mr.  Taft. 


No.  13.] 


Department  of  State, 

Washington,  March  LM,  1885. 

Sir:  I  inclose  si  copy  of  a  (li.sputch  from  Kaiiagawa,  Japan,  and  of 
the  papers  accomi)anyini.r  the  same,  relating  to  the  unwarrantetl  seizure 
of  the  .schooner  Eliza,  the  property  of  a  hifrhly  respected  American  cit- 
izen doinj;  business  at  Yokohama,  .Iai)an,  l)y  the  Kiissian  cruiser  Raz- 
bo'inik,  in  the  Anadyr  Kiver,  on  the  lilst  July  last,  and  its  subsetiuent 
"confiscation"  by  the  captain  of  thecrui.ser  without  any  court  of  imjuiry. 

According  to  the  statenientof  the  owner  the  vessei  was  on  a  tradin<<r 
voyage  and  catching  walrus.  No  act  obnoxious  to  Itussiau  law  seems 
to  have  been  committed  in  the  ])remises;  neither  was  any  article  car- 
ried by  the  vessel  which  couhl  have  warranted  the  seizure  and  confisca- 
tion referred  to. 

The  papers  have  been  carefully  examined  by  the  law  ollicer  of  the 
Department,  and,  in  pursuainto  of  his  advice,  1  have  to  ask  that  you 
will  present  the  claim  of  Mr.  V.  C  Spooner,  tlie  owner  of  tin;  Eliza,  for 
the  favorable  consideration  of  J  lis  ^lajesty's  Government. 

"The  pecuniary  loss  to  me,"  says  Mr.  8i)ooner  in  his  sworn  statement, 
"of  the  vessel  and  cargo  would  amount  to  .i5l(),(KH>,  and  for  this  sum, 
together  with  all  other  expenses  that  may  a|»pear  to  luive  been  inourred 
through  this  seizure  and  confiscation,  I  wish  to  make  claim  on  the  Itus- 
siau dovernment." 

I  am,  etc.,  T.  F.  Bayard. 


[IncloMiro  in  No.  13.] 

Mr.  like  to  Mr.  Bayard. 

No.  879.]  Unitki>  Statks  Consulatk-Gknkrai,, 

Kanagaiva,  Japan,  lehruary  D,  ltW5.     (Itoccived  March  10.) 
Siu:  Herewith  I  have  tb«  honor  to  hand  yon  a  comninnioation  from  Mr.  Franciu  C. 
Spoouer,  a  highly  repcctuble  American  merchant,  for  many  yu.trs  resident  and  doing 


261 


SKAL    FIRIIKRIKS    IN    IJKIMNG    SI-A. 


biiHiiiivsM  at  Yokoliaina,  Japnii,  t'om'crniiijj  tin-  miiziiro  liy  llif  KiiH-tian  aiitlioritioH  of 
llio  HcliooinT  t!li:ii,  llir  iir(i|»ri  I.\  ul  llm  saiil  S)(o<hut,  oh  t lir 'Jtltli  of  .Inly,  \>*'^i.  I  »Ui> 
iiicloM'  tliK  <l('|M)sii  ions  ol' Aii»t  ill  Wi'sioii,  iiiastcr,  and  Allu-ii  Wixoii,  niatc,  of  said 
\«'sncl,  fiiviii};  iIh'  (Iftail-*  of  I  lie  mIkmmiit'.s  cniisi'  ami  licr  sriziirt'. 

l-'roiii  (Iirsc  piquTs  it  wiiiiitl  appear  iliat  llic  srliooiiiT  was  ciii^a^jcil  in  no  illegal 
roiniiii'K'i'  aiid'Aas  viulatin^  no  law  oi  (di!if<;alioii,  and  that  lli<- Miiil  Hci/.tim  wiih  an 
art  of  pirai-y. 

I  alsii  ilirlosi'  ('i;t  ill  I'd  copies  of  I  lie  liill  of  s.ili>  of  Haid  Hcliooncr  to  Mr.  Spoon  i-r,  cci  - 
f ilicatc  ol  Aiiicricaii  owncr.-,liip,  cciiilii-ali-  ol  cliainii'  of  name  from  Aiick  J\li:iil'illi  to 
F.Vko,  and  <*op.\  of  last  cit  .'"lanee  ol'said  Helioimer  fioni  tiiis  port. 

I  i'oinnien<i  to  faMiraliJe  e.r'iNideratioii  tlie  eiaini  ot'  the  owner  for  the  daniaj;es  as 
a.Hhcs.sed  liy  him. 

1  have,  etc., 

(lEO.    K.    IJlCK. 

I7c('-<  'ii)isiil-<!(>icr<il. 


I  Iiii'|ii>ini'  1  in  Ml.  l:ii  (r'H  No.  870. 1 
.llfiiliivil  of  l\  I'.  Sjnoiur, 

I,  F.  C.Spoomi,  owner  i.r  the  selioonei-  l!li:ii,  that  left  tins  puii  on  ihi'Vlst  Maieh 
lahl,  under  iirolerlimi  ol'  the  Ameiiean  lla'4,  and  wassei/ed  hy  iho  ii'iissian  erni.Mcr 
J,'ii:liiiiiiil.\  in  the  Anad\r  lii'<-r,  on  tin'  ','tilh  d;(y  of  ,)nly  Ia^t,  do  heieliy  pmleHl 
.i;;aiiisi  the  seizure  us  i!le;:al  ami  iiiiw  ;ii  rallied,  and  de.viu^  a  lepie'-eiilal  ion,  l'nrone;h 
ilie  proper  ant  horil  ies,  lo  the  KtissiMii  <io\einmenl. 

The  ve.ssel  wio'simidy  on  a  trading  voyaue,  eiij;a,i;''d  in  h.iilerin^  with  ih<  n.-itivcH 
and  en  tell  ill;.;  walnis,  and  as  sue  h  did  not  ennie  nndei'  the  not  ire  ol  the  KiisHian  (iov- 
eiiinieiit ,  which  was  directed  against  the  e.iptiiie  of  seals  on  Coppei,  K'oldiin,and 
lielii  iiif^'s  Ishinil. 

I  hand  lier<'with  i"tHda\il  of  tho  master,  Aiisi  in  NVi'stoii,  NU)iporti'd  hy  liis  '-liief  of- 
lieer.  The  \  I'Hsel'.s  juipers  wwo  in  order  and  slii<  had  heeii  properly  eleared  from  this 
poll,     No  sail  was  on  l>oarii  .ind  no  piepar.ition  lo.ide  foi' an  ailempl  to  take  neals. 

The  vessel  'las  lieeii  eonliseatrd  l>.\  the  euplaiii  of  the  l,'ii:l>iiiii''l  and  williont  aii.\ 
court  id'  in<|niiy,  w  hieh  lii;;h-handed  act  I  lielieve  to  !».•  against  tin'  l.iw  of  n. it  ions. 

The  |ieciiiiiaiy  loss  to  ine  of  tlie  \  es-.el  and  eai^jo  would  amonni  In  sill, Hon.  and  lor 
I  his  sum,  to;'el  her  wil  h  all  o  her  espenses  that  may  appear  to   ha\<>  heeii    ineiirred 
throii|rh  tills  hci/nie  ;ind  eon. i>e:iiiuii.  I  w  i-<h  In  ni.ike  claim  on   the    U'utsiaii   tio\ern 
meiil. 

I".  ('.  Sl'iiuNKR. 

.Swoin  to  lieiort)  me  ihis'JOth  Noseuiher,  l-'-l. 

[sr..\i..  I  (ii.M,  r..  Hick, 

I'nitiil  stall  H  l'ii'r-<  'oiinnl-(li  III  lit!,  haiuiijixivn,  Jiijiaii, 


lliic  :o>ii;p  J  III  Ml.  Ui>i-\  No,  HTO.l 
JOidiiitI  I'l'  .liit'in  /)«'■</()»,  h.<iH!i r  tif  Ihv  .Iwvriiaii  ^iho'iuir  I'litii. 


T,  A  list  in  Weston,  lale  master  of  l  he  ,\nierie;in  sehonncr  h'i'r.ii,  hciii!;  duly  sworn,  do 
hereli,  alHriu  : 

Sailed  from  N'olvohani  i  Mm  eh  'J  I,  H"'!,  \^  ilh  a  ere  w  of  14,  all  l<dd,  eonsisi  inn  of  my- 
Htdf,  v.*  oIlieeiM,  cook,  and  In  men  liel'nre  till'  mast,  limiml  on  a  hnnliii;;  and  tradin;; 
voya(:e  to  norlheasiern  Siluni:i. 

My  eary;o  consist  pd  of  assorted  and  ;;eneral  ^tie.iils  such  as  are  rei|uisiie  in  that  sect  ion 
to  iililain  w  halelione,  ivoiy,  iind  fnrs. 

My  M'Hsel  svas  duly  cleared  iiom  tlie  ^'okohaiua  customs,  ihe'.Mst  of  Maiili,  the  tl.iy 
«)f  sailing. 

A  speeilied  iiivo'ee  of  everylhill^J  on  hoard  was  supplied  me  hefore  leiiviiiir.  Sailed 
for  Itehi  in^-'.s  straits,  w  us  in  tli>'  ii  e  pack  forl.\  ■nine  days,  and  reached  ( 'a|ie  Chaplin 
on  tlie'j:id  of. lime,  St  lii-i  <<  I  traileil  for  hone,  ivoiy,  I'lirn,  ami  li'nldier. 

Lett  ('ha|diu  lor  St.  i.awretiee  Kay  ami  I'.iist  ('.ipc,  where  i  ^ot  a  ^ooil  i|Uiiiitity  of 
liDiic  and  furs.  Jieiiiininn  ihroni-h  Ilic  straits  I  saih-il  to  the  wesiwjiid,  slop|iiii)X  at 
('a|ie  .\iheen,  and  I  li<  n  inio  I  he  (iulf  id  Mol\  ('ro-,s,  w  jir  re  I  lemiiined  hcn  enleeii  diiys 
liuntini:  and  kiiliii)(  walrus ;  then  to  the  month  it  tim  Anadyr  Kiver,  w  lure  I  arrived 
Mil  the  '.'ltd  .July. 


SKAL    FISIIKKIKS    IN    IIKKINO    SKA. 


2g; 


i) 


I'mcicilfil  ii]>  llic  liver  a  few  mill's  to  a  villa;^*',  tradfil  licif,  and  coiitiimcd  on.  On 
till' 'Jtltli,  aliiiiit '2  ]i.  III.,  was  lioanlfil  by  a  Imat  iVoiii  tln<  liii.ssiaii  iTuisiT  Hicboinik 
aiitl  oitliTiMl  to  ii')iort  on  lioaril  with  my  !i>y;-lioi)k  ami  all  sliip  jiiiprr-*. 

Tlii'Hii  coii.sisii'il  III' Hliip's  art itih's,  hill  ol' .salt',  Vokoliama  ('lraraii<-i>,  nnil  mniiifest 
of  caij^o  ami  stori-s. 

'I'll  '  latti'r  was  IoiiihI  ami  iiroilnri'il  ii  short  timo  nftcr  *'i/.nri',  altlioii>;li  mislaiil  at 
llii<  tiiiii',  ami  no  alli-m|)t  w.is  imulr  to  lonci'al  atiytliin;j;. 

Tllf  vessel  was  .-It  oiiee  ileelaieil  to  lie  eonllNeateil,  ami  I  willi  a  portion  of  till"  new 
^vl're  taken  l>y  the  Hicho'inih'  to  i'i'tro|>aiilski  ami  lamleil.  'I'he  reniaimler  of  die  erew 
were  kejit  on  hoiiril  the  sehooiier  to  work  her  to  \'lailivostok.  .\l'ler  lieiii;;  lweiit,\- 
one  (lays  at  I'elropanlxki  I  was  taken  a'j:aiii  on  hoaril  the  lla:lii>iiiik  ami  taken  to 
A'laili vo-.lok  and  a;;alii  M-t  at  liheiMy.  The  schooner  arrived  oil'  the  haihor  the  Hanie 
day  ami  was  towed  in  hy  the  cruiser;  wait  al'tcrwarilH  hauled  into  doek  and  every- 
thing; taken  out  ot'  her. 

Ininiediately  mi  arrival  at  Vlailivostok  the  live  men  who  had  heeii  detained  mi 
hoard  tlm  JUica,  to  work  the  vessel,  were  thrown  on  the  hands  of  the  i:onsiil,  and 
their  expenses  there  and  passa^^e  to  Vokoliama  rel'iised. 

I  deny  the  statement  in  the  protoecd  that  the  vessel  had  neither  hill  of  ladin;;  nor 
('learaiiee,  t'or  nlie  had  hoih. 

There  was  a  yreat  seari-h  made  tor  na!t  as  I  he  most  iiii]iortani  ail  ieln  to  eaii<,e  eoii- 
iiHcation,  hilt  thi'te  was  none  on  hoard. 

J  mailed  Iroiii  Vokoliama  with  posiiivi  instnirtio,is  I'rom  m\  owners  not  loaite!ii)it 
any  <  a|ilme  of  .seals  and  to  keep  away  I'lom  the  islands  IVeiinented  hy  them,  know- 
ing the  K'lissi.-tn  (iovei'iiment  had  forhiddeii  i;  ,  depredations.  My  trad  in;;  \  nya;;e  w  ;is 
similar  to  what  has  lieiii  j^oiiiir  on  for  yeais  wit  noiit  molestation  from  the  K'nssian 
(ioveinnieiM ,  and  I  phad  i;;noranee  that  liie  notiee  issued  and  refeiredto  in  the  pro- 
tdiol  w  us  inteiiiled  to  api'ly  to  any  thin;;  "xeipt  ilie  ]iroteit"e.i  of  t  he  seal  tisliene>. 
and  )iartienl,'trl\  (o  the  Copper,  JCohliin.  and  iSehrini.;  Nland". 

.\r.sii\  \Vi  --rn.v. 

Sworn  to  iM'f'ie  nil-  this  •UHli  Xovemhii,  I--J, 

LSKAI..  J  (Jko.    K.    l.'ltK, 

I'nltnl  Stiilix  t'icr-('o)i>'illt!riii  i-til,  luiiiaijaiiit,  JiijKUi. 

Alliert  Wi.'wim,  lx'iii;j;  duly  hwoiii,  8ay.s  tbitt  llie  ('i>re;;iiin;r  is  a  true  a'ld  correei  slate- 
meiif . 

Ai.BKitr  \Vi\(i\. 
Mitir  .Si  III  II)  II  If  Elhix. 

><woin  lo  hefove  nie  thi^'JillIi  Xovi'iiiher,  IM-  |. 

[.SKAI,.  1  (ii:(».     K.     l.'li   K, 

r  iiitvtl  !<(.(tv^  i  ti  t  -I  iiiisiit-litih  I'ltl.  Juiimiiiird,  t/c/i.ni. 


]Ilii-liMi«tr>' :(  hi  Mr.  Ki<-;-'i«  Xu.  »'9.] 
iiltiyii  ^j/'fii  ///  tkf  f-lha. 

j{y  Older  lit'  II.  I.  Hii^Hiaii  Nlniesty'n  conit  at  K.itiai^awa.  was  s  ihl   r  i»;i')l!'-  amitinn 

111   the  'M  day  of  Mas',  l'""^^,  the  schooner   A'.icii    f'li:uliiiii,  to  fori'  i  iuiiii;;a^e 

held  hy  F.  C.  Spooner  on  said  \e'<sel.     'J'he  s:iid  ve.sti'l   wa.s  sold  to   s.i  ,    <  mut  for 

til  '  Hiim  of  three  thmiHaiut  six  liumli'Pd  •  .>!iars  (*:{,tl(tl(),  the  iiek'iosvled^iuenf  of  piiy- 

nieiit  of  said  siim  cotistitntin;;  a  l>ill  of  sa:i'  fir  the  said  Hcliooiier.     X.  ''ii. 

|SKAI  .  1  A.  rK.l.fKAN', 

//.  /    .1/.'-  '  nil  sill. 

'4.  ('i:imi  icAii:  111-  Amii:ii  .\n  Ow  m-.h-iiu*. 
CEnTii'icATi':  Ti)  rii:  issim-.i.  \,,  <  rn/.i'.XH  or  iitK  r.\'iri:ii  ."^tam  s.  iiK.ivd  pcurifASKH.s 

i>r  AMl;itirAN  mi  liiUKIHNllfll.T   U'SSKIS  IS  A   loltKlliN   CKlir. 

I,  Tlios.  |{  \'an  Mnreii,  consul  Kcneial  of  the  rniteil  Slates  ('or  the  port  of  Kana- 
ka w  a,  .lajiaii,  do  lierehy  cerlif\  that  the  within  hill  of  sale,  lieiiriii;;d.'tle  the  ("oiirlli  day 
of  May,  IH-S'i,  of  the  schooner /'.'/(--I/,  form  rly  caUe.l  the  A'iicit  ICIiuihilh.  Tunmiiji!, 
li:i  toii'i;  h'n;jth  over  all,  74  feot  ;  hieadili.  'ji)  feet ;  depth,  H  feet;  fiiasts,  -i;  dorks,  1 ; 
I'fjuno,  wood,  itnd  iron  fastened;    stem,  ellipiic.     Sidil  .iml  transferred  hy  A.  I'elikaii, 


2CG 


si:al  risiiEKiES  in  jjkring  .sea. 


IJiissinn  coiiHiil,  to  F.  C.  Spooncr,  multT  forTlosuroof  niortRii^^e,  linH  Ihmmi  proved  snt- 
isfactorily  to  mo  to  havf  ln'cii  duly  exemittMl  by  the  HnbH(Til»in>;  party;  and  I  fnrtlmr 
certify  tlio  F,  C.  Spooner  tliiTciii  lutMitioiuMl  an  jturcliaHcr  oI'Miiiil  voHstd  is  a  i^itiziMi  of 
tho  Unitod  Statt's.  As  witness  my  liand  and  the  H«'al  of  tln^  consulatts-gcneial  this 
tliirty-tirst  day  of  May,  in  tlie  yeai'  of  our  Lord  lc!H;i, 
[sKAi..  ]  '  '  Thus.  L5.  Van  KuHKN, 

CuDHiil-dcntral. 

;5.  Ckutiiicatk  oi''  Cit\xciE  ov  Namk  ok  Schoonkk  kiu)M   Kiwa   Km/.abktii  to 

Eli/A. 

To  all  whom  it  may  concern  :  Whoroas  I,  Frank  C.  Spooner,  of  Vokohanni,  in  the 
Kmpiro  of  .Jajian,  am  the  sole  owner  of  the  scliooncr  called  thf  hiwa  ICitznhith,  of 
Yokohoniji  aforesaid  ;  and  wliereiis  it  is  my  desiro  and  intention  to  chanj^e  the  name 
of  said  HclnMiner  :  Now,  thertt'o'e,  liy  these  (ireseiitH  he  it  known  that  from  and  aft«T 
the  date  hereof  said  schooner   i  ill  he  known  as  and  called  the  ICViza,  of  Yokohanni. 

\Vitne^s  my  haml  and  seal  ;  I  Yokohama  this  thirty-first  day  of  May,  in  the  year 
one  thousand  ei;^ht  hundred  aiid  eighly-l wo. 

[SKAF.  ]  '  F.  C.  Sl'OONKU. 

liy  CUAS.  \Vi(j(iiNs, 

7/i»  Atlormy. 

Si^ni  d  and  sealed  in  the  presence  of — 
(iEo.  K.  Khe. 
}l.  S.  \an  JUukn. 


Kecorded  in  record-hook  1)  of  th«  l'.  S.  consulaie-jreneral  at  Kanajzawii,  Japan. 
this:{|st  May,  l-^c^vj.  at  11  a.  in. 

•t.  CKinnacATr.  ov  Ci.kaiiaxck  ok  Va.i/.a 

COXSirr.ATK  CiKXKKAI.  OK   1  UK  UXITKI)  STATK.S  OK  AMKIMCA, 

March  '21,  lH,-.'4. 

I,  the  luideisijrned,  deimty  consul  j;eiieral  of  the  United  States  of  America  for 
Kamijfawa.  .'apaii,  and  the  (li'peiideiici.-s  thereof,  do  hereliy  certify  that  A.  Weston, 
master  of  l  lie  scluioncr  called  ilie  KU:a,  of  Y<d<ohiima,  haviii;;  this  day  exhihited  to 
me  the  clearance  of  said  schooner  tVom  the  jo'oper  authorities  of  this  port,  I  havo 
delivered  to  hini,  the  said  master,  the  hill  of  sale  and  paiiers  id'  the  said  sciiooncr, 
\lnly  deposited  in  this  Cdiisiilatc-iiciieial  on  tho  (illi  day  ol' Nov<  inher,  1*'*!. 

(ri\en  under  my  hand  and  the  seal  id' this  consiilate-jfiTi'ial  the  day  and  yeariihovo 
written. 

[ska I,.  J  (iK.).    K.    ivK  K, 

I'.  S.  hvptitij  Coiimil-diii'ral. 


IJ.  S.  CoN.si'i.ArK-^iKNi'.r.Ai.,  luuiiKjiiua,  Jitpau. 

I,  vic«(-<on8iil->;cneral  of  the  Fnited  Sttites  at  Kaiiajjawa,  .Ta]iaii,  do  herehy  certify 
that  th<^  fore;r()iii;^  hill  of  sale  tVoiii  his  Imperi.il  Kiissian  Majesty's  consul  to  !•'.  V,. 
Spooner;  «'erliricate  hy  the  I'liited  States  c(Uisul-;^eiieial  of  Americiin  owncrsliip, 
and  ceil  ill  cat  cot  chan;teol"  name;  alsocertilicate(d'«'le;irain'c,coiistitiitinj^  tin  piipers 
of  tl'  schooner  Kli:(i,  <d'  Yokoliaiii.i,  are  true  and  correid  copies ot"  tlit^  ori;;iual  of  same, 
of  iccord  in  this  roiisiil.ite. 

Witness  my  huud  and  seal  of  ollice  this  ninth  day  cd'  Fehruary,  A.  D.  If^firi. 

[«KAI..]  '  (iKO.    K.    Klf'K, 

f  ice-ConitH I- Ucncro  I. 


SEAL    FISIIKKIEH    IN    HKIIIXG    SKA. 


267 


No.  200. 
Mr.  Bayard  to  Mr.  Wurts. 

No.  50.]  i)KI'AUTMENT   OF   STATE, 

Wafthinf/toH,  June  -8,  l.SSO. 

Sir:  1  liJivo  to  call  the  iUtontion  of  .v<»ur  lej^ation  to  the  instruction 
of  March  2~),  IHH't,  to  I\Ir.  Taft  in  refian)  to  the  seizure  of  tlu'  schooner 
Jjliza  by  the  llussian  cruiser  liazboinik,  July  lil ,  1.S81.  No  answer  seems 
to  have  been  I'.ade  to  that  instruction. 

Mr.  Cuinmin;j:s,  the  attorney  of  the  cl.iiinant,  has  recently  intjiiired  as 
to  the  action  of  the  lejjiition  i.i  the  prenii.es. 
1  anj,  etc., 

T.  F.   IIAYAUI). 


No.  207. 


Mr.  Baijurd  (n  Mr.  Lothrop. 


No.  0.-).] 


Dei'aktment  ok  State, 

\V  iskinyliiii,  hrrembcr  I,  l.S8(5. 

Sir:  I  trati.sniitacopy  of  adispatcih  from  the  United  States  consul  at 
Nagasaki,  relating;  indirectly  to  tlu'  seizure  and  conliscation  of  the 
Aineri<ran  schooner  7/r/o/(7^f  by  the  IJiissian  corvette  Krtj/ssrr.'m  l>e!!- 
rinj;  Strait,  olf  J'last  (.'ape,  Au;.(wsl  2!l  last,  foi-  fishi.i;;  ami  tr.idin^'  in 
KuHsian  waters.  You  will  ph-ase  apjtly,  with  <lne  nr^icncy,  to  t!ie  Km 
peror's  (Jovernment  for  the  facts  and  an  cxplanatio:!  of  its  claim.  Opin- 
ion as  to  the  merits  of  the  (lucstion  is  tor  the  time  reserved, 
I  am,  etc., 

T.  F.  r.AVAUi). 


I  (nrlosurr  N'o.  (iri.  I 

.1/)-.  />'i/v7i  /()  Mr.  I'oi-Ur. 


No.  U.) 


l'\iii:i>  StaH's  (^(NHti.ATi-, 
XiiijdHaki,  ,ftii>iiii.  Oitiihif  1-.  I-Ni.     (  Ki-ci'ivcd  Novt'iiiiicr 'ilJ.) 

SlU:  I  liJivc  till'  lioiKir  to  inroriii  yoi.  tluil  live  drst  it  iiti«  hijiiih'II,  iKiiiifd  (.'luiilos 
IlloiH,  Oliarlt's  (lilos, 'I'li<iiii.-is  tiii-riili'll,  .JaiiH's  lliii 'I'V,  jmhI  I'ri'dcrirk  Nelson,  (.'iimo 
upon  thiH  consulate  to-day  i'roiii  N'ladi  vostok. 

'I'lii'sf  iiiiMi  wi'vv  part  of  till- crew  ot' tlic  sclinoiiiT  III  iir'nitit,  of  S;iii  Francisco,  Hcn- 
Janiiii  Dexter  nlil^t^•r,  and  .laiiicH  .'^ciiiii'tt  o\\  ncr,  v.  lii<li  «  an  sci/ed  and  coniiscaicd  liy 
tlic  liussian  corNcttc  hiTi/sstr,  in  Uclirin.';;  .Str.iil,  oil' Ha-^ti  I'apc,  Ani^nst  'J'.',  IrCS),  for 
tisliiii^  and  trading  in  Kn.ssian  waiciN. 

1  ii'arn  that  tlic  vessel  and  ear;^o  conliscated  aiieniiited  in  \aliie  to  al>oiii  Ai.'KOOO. 

I  iliclo.se  a  I'opy  of  the  letter  .sent  liy  tlie  capt.dli  of  the  corvette  hifflasir  to  thlH 
consulate.  I  have  forwarded  the  seanien  to  Vid<olirini;i.  where  they  may  lind  einplciy- 
nient  on  hoiud  a'l  Aiintrieiin  vessel  or  a  imssajjo  lo  the  l,'iiiie(\  States  more  likely  tlnia 
at  this  port. 

I  have,  etc.,  .Jiiliv  .M.  IJiucii, 

,  I'liltid  tHati'n  CotiHiil. 


(ttirlomiir  in  Mr.  Illirli'ii  Xo.  44.| 

l.tllif  of  CaittoiH  Oilolopnff. 

I  liereliy  certify  that   tlm  nndeiinentloni  d   live  nun  are  .\ineiicun  citizens,  taken 
from  the  Hcliooiier  Jlinrii Ita,  conlistatcil  l)y  tlie  Kujisian  coiveito  h'nyHHir  in  tlie  liilu- 


^"P 


^Gh 


SEAL    FISHKKir.S    IN    IJKRING    SKA. 


iii^f  Strait.  'IIh'.v  nii!  not  finilty  iti  any  vidlation  (if  tlu^  Kiissiiin  law,  iiiiil  arc  thore- 
foro  stMit  to  tilt'  (liHposition  of  tin-  Aini-riiaM  coii.snl  at  Najjanaki :  'Miarh-s  JHoIh,  Cliarli's 
(jiN's.  'I'lionias  (irffnlcll,  Janus  llurliy,  I'rtdt'riclc  Nfl.son. 

[SKAI..  ]  A.  O.ST«U.or(>FT, 

frt/»'n»'«  of  II.  I.  /.'.  M.s  iDrrttti  Arc/ysscr. 
Vi,.\i)l\()ST(iK,  OitiiUr  1  (l:!),  IffJU. 


>^0.  LMtS. 


Mr,  Lothrvp  to  Mr.  JUiyard. 

Ko.  O.I.)  Lkcation  ok  Tin:  r.MTKi)  Statkh, 

*SY.  Vctcrslinrii,  FchriKiri/  17,  JS87.     (liccoivi'd  ^larcli  7.) 

Sni:  111  compliance  willt  the  instruct  ions  of  your  tlispatcli  No.  <>."),  of 
Dcccmhcf  I  last,  I  addicsscd  a  nofcoii  DcccinUcr  L'U  to  tlitMinpi'iial  iiiiii- 
istcr  lor  lorci^n  all'aiis,  askinjLj  for  tlic  facts  and  j^roiinds  on  wliicli  the 
American  schooner  UrniUtta  was  seized  and  i'oiiliscated  otf  Ivast  Cape, 
in  r.clirinj^'s  Straits,  on  August  L'l  hist. 

On  .laiiuary  LM  last    I  re«;eived  a  lejdy,  a  transhilioii  of  which  I  in 
close  herewilii,  slatiiifj  that  the  Jltnrirtta  was  confiscaletl  by  the  jndo- 
iiient  of  a  rominission  sittin;;  on  hoard  tlie  iiiii)eiial  corvette  7v'/v?/.v«<'r, 
for  tln'olVeiisc  of  illicit  tra<lin;;  on  tlu^  IJnssian  (M»ast. 

On  .lanuary  "Jl  1  had  a  personal  in!ci\iew  with  (leneral  ^'lan;;aly. 
the  assistant  niiiiister  of  foreign  allairs,  in  wiiich  I  asked  him  how  the 
eomtni-;si(»n  that  sal  on  hoard  the  corvette  was  conslilnted.  lie  in- 
fanned  me  Unit  il  was  composed  of  certain  oflicers  of  tlM>  corvette, 
actnifr  under  the  orders  of  the  {government  of  I'lasiern  f^iberia,  wilhin 
whose  j^ciieral  jilt  isdici ion  such  matters  w<'re  N'csled. 

1  also  called  his  alteiition  to  the  fact  that  his  noh^  to  me  failed  to 
Kl)eei!y  in  what  tho  "illicit  commenje"  con.-iisted,  and  asked  him  ior 
further  iiiformalion.  He  replied  that  he  was  not  tlieii  alile  to  j;i\e  me 
lluMlesired  iiiformalion,  but  said  an  answer  in  respect  to  tlu' sei/iire  and 
condeinnation  of  the  American  scho(»ner  J'jliza  was  in  |>re])aratioii  and 
Avould  be  sent  to  me  in  a  few  days,  and  he  tliou<;lit  that  perhaps  I 
ini;;lil  thereby  receive  the  iiilormalion  soiioht. 

On  l'\'briiary  1  1  re<'eived  the  promised  commnniiiation,  respecting  the 
J'Uhii,  a  copy  of  which  will  accompany  the  dispatch  whi(;h  will  imme- 
diately follow  the  itresent  oiu». 

It  will  be  s«'eii  that  the  sei/iirt^  and  «'ondeninati<>ii  of  the  s(!lio()ner.s 
rest  on  the  provisions  of  an  admiiiistrat  i\  e  ord»  r — "//'»/»»  (liKjuisition  atl- 
»;/»/i».s7r(////(,'"—proliibitiii;;,  after  llie  liist  of  (he  ye;ir  1  sS'J,  all  tradili};'. 
linntiiij;-,  and  lishin^  on  the  llussian  racith-.  coasts,  without  spt-cial 
license  fr  uii  the  ;;(>\  »'i  n(U 'general. 

It  is  elaimetl  that  \ery  exteiiMxc  publicity  of  \his  re.irulation  was 
/,nven  ill  |S.Sl-ls.>.{  thr<»n;;|i  the  newspajn-rs  of  Yokohama,  in  the  Rijs- 
^sian  <'onMilal(^  of  the  I'acilic.  and  at  the  Ameriean  custo  u-hoiist's. 

I'poii  the  receipt  of  this  la.-t  note  I  at  once,  for  ;ireatvv  eelo-  \.  wrote 
to  (i(>neial  \'lan^al,v  ,  askin;:  liini  tor  4  copy  of  t)ic  trutiin^  r. ^illation 
or  order. 

I  also  asked  if  I  was  ri;:ht  in  ni>  llI^..^*rst  indinc  tiia*  '  S>mMimissioti 
was  composed  of  the  olHcers  «if  tlic  Vf>s  ■!  ilnil  nud.     u    *<fl|MNMPH. 

I  supposed  this  la;«t  note  Would  hv  aiiswereil  :it  or  .  us  A  \nis  not 
Ix'eii  I  have  concluded  not  to  wait  any  loti'rer  lH*f«««r-  r»  p"  tr  „'  the  case 
to  you. 


SKAL    FlSlir.RlKS    IN    lU:iIIX(i    SKA. 


2G9 


The  featnn'  that  strikes  inc  as  very  peculiar  in  those  cases  is  the  fact 
that  the  captors  are  also  the  Jiidfjcs  of  their  own  wrXn.  The  commission 
seems  to  sit  at  once  at  tlu^  i»lac«^  of  cajiture,  and  the  evidence  on  which 
it  acts  wouhl  seem  to  Ix;  that  wliicii  the  (taptois  derive  from  their  own 
observation  on  the  spot,  ft  is,  periiaps,  a  Inndamental  and  eiputable 
nnixim  of  jnrispindencte  that  no  <ine  can  he  a  Jiid^'e  of  his  own  canse, 
and  it  will  probaldy  he  worthy  of  consiileration  how  far  the  decisions 
of  a  trilmnal  so  const  it  nted  can  Ik;  considered  as  vali«l. 
I  am,  etc., 

("iKO.    v.    N.    r.oTlIKOl*. 


I  Iiiilosuic  ill  .Mr.  Loiliiiip's  N'li.  0".— rriiii>l  ilimi.l 
(ituiriil  riiiiiijKli/  III  Mr.  I.dIIiioji, 

No.  7'.l.  ]  Mixisri;v  ok  l'oRi:iii\  Ai-KAiiiS, 

.liiitir  livjiurtiHi  III,  •/itiiiuiri/  f^  (■-'•'),  l"^"^?. 
Mr.    I'.NN'OY  :    I  n  colisccillciicr  i>l'  t  111'  lliitf  illlll|•^•^.Sl■(l  liy  .\  "Ml  l<»  III!'  "II  t  Iw   llM  ||  ('j"J(l)  (if 

I)i'c.'nilirr,  I   liii.slcn   to  iisk   iiilu  ;i';it  iop  of    llic  .Mini!  iiih'  Province  l>v  t<'!i';;iji[ili,  in 
K'yaiil  to  llic  Mi/.iii<>  of  tlif  llitiriilUi. 

I  liavc  now  till'  honor  to  Inini;  lo  yotir  lvno\vi('(l;j;i>  llnil,  iicronlin^  to  the  inforina- 
tioii  I'liiiiniiihii'ati'il  to  nut  liy  ( ••ni'i'ii!  Ilnjiin-lni,  actiii;^  jxovrinoi- ot' said  in'ovinci',  tlio 
Uniriillii  wa.s  in  tact  sci/.cil  and  contiscatcil  on  llic  ITiJi  rJ'.'tli)  olAnj;iist,  in  virtiKi  of 
a  decision  oi'  the  coiiuni.ssioii  hiitin;;  on  liuaitl  of  tlic  Iniiiciial  cor\c!ic  Kii'rixrr  for 
tim  oDi'iisc  of  illicit  trading;  on  (tiir  coasts. 
I'lav  acct'|it,  etc., 

A.  \i,A.N(;.\i,v. 


Xo.  LMH». 

.1//'.   Ln(hri>i>  In   Mr.   /iai/iird. 

No.  !)i5.)  Lr,(SAii(»N  «»F  Tin:  l     rnw)  Sr  \tf,s, 

St.  I'vterHlnn-iiy  Fthnnuii  17,  \ss~.     (Keceived  .Mandi  7.) 

Sill:  .1  have!  tln^ionor  to  transmit  to  yoii  a  ci»py,  \\  ilh  triiiislatioti,  of 
a  ('(»nimiiiii(:ilion  receivid  iVom  tlic  Iiiip«-iiid  for»'i;;n  olliee  on  fehrnary 
1  instant,  lelativ*'  to  (he  ,sei/.nie  ui'llu*  scluMtiier  Hli:<t. 

Th(^  Unssian  <iovernin(>nt  cImI'iiv  thiii  she  >vaM  soixtil  and  condemned 
under  tln'  provisions  uf  mi  ordct,  i»r  re.;iil,tnon.  w  lii<li  t  >iik  efVcc;  at  the 
he;iimiiii;;  of  IS.S'J.  and  wliieli  al»so|nlel.\  pi>»hibiled  ev»  r\  kind  '»f  trad- 
ino',  hnntin;;,  and  lishin;^  on  i h,-  Uus.sian  Taeille  ctKists  w ithotit  a  special 
lict'iisc  from  the  i^ovci'iiof  general. 

It  is  not  fhnmed  that  tlie  /.'//;«  was  en^a.yed  in  sej»!  tNhin;j:,  l>nt  fiiat 
slu^  was  tonnd  aclna!l\  <'i' .  ic»«<l  in  tnulini;  with  the  nalive.H  with  the 
(•ontr-ilvaiid  arti<'l<'s  of  ;iiiiis  „iid  sftx-ny  {•'^dhms. 

She  was  eoiHli'inned  l»y  a  ei»tM««i,v»>on  v<({inj*  »»u  tU*>  Imperial  e<uvrne 
liitslnHuih-,  eompo.se«i  of  the  olhe*>r»i  the»^'of.  Ih  this  i'»«spt'«'t  the  casf  i  < 
pr.viselN  likf  tiiiil  »vf  tlio  //■  <i>'»«  •*.•,  mentitvii'd  in  m>  last  iin-cetlini: 
dispateli,  No,  •»."»,  anii  ot  tijis  dati*. 

It  will  Ite  notieetl  tliat  Mr.  S|hh>jh4\  tlie  owner  of  the  Kllza,  in  his 
statement  ot'  los  elann,  declares  ( jiat  thv  Klizn  was  "on  a  trading  voyajje, 
f'ti^am'd  in  harteniiy;  with  thv  natives,  and  eafeh,'n<;  walrns,  and  assmdi 
did  not  eont-f  under  tl«<  notH-e  of  (he  Kassian  liovernmcn',  whieli  was 
diriN'teil  aj^amst  the  capture  of  .seids  on  Copper,  Uohhins,  and  Ihdiriiif; 
Islands." 


270 


SEAL    FISIIKKIES    IN    llEUINO    SEA. 


It  will  be  seen  that  yiv.  Spooner  either  refers  to  an  order  of  the  Kus 
sian  (lovernment  dilferent  from  tlu'  one  mentioned  by  the  imperial  for- 
eiffii  olllce,  or  he  understood  the  latter  in  a  very  different  sense. 

I  may  add  that  the  Jtnssian  eode  of  i>rizo  law  of  1800,  article  21,  and 
now  in  force,  limits  the  jurisdictional  waters  of  Ilussia  to  3  miles  from 
the  shore. 

As  stated  in  my  i)revions  dispatch,  I  have  asked  for  a  copy  of  the 
order  or  rejjnlation  under  which  the  Henrietta  and  i'>/j~rt  were  seized 
and  condemned. 

\'ery  truly,  etc., 

Geo.  y.  N.  LoTiiuoi'. 


I  Iiiclimiim  in  Mr.  Lotlirop'H  No.  90. — TniiiMliitioii.  | 

(ienrral  Vlan<iahj  to  Mr.  I.olhrop. 

No.  y;j;J. ]  Mixi.stky  ok  Forkion  Ai  taik.s, 

.luintic  Ih'inirtmcHt,  Jiiiiiiarii  It)  (lU),  HH7. 

Mil.  Envoy:  Tlio  <!liit'f  of  tin?  )jt>iii«rnl  stiilF  of  tlio  inivy  lias  just  traiiHinittt'd  to  inc 
the  infiti'iiKiion  wliicli  I  liail  nM|iicslc<l  i'yiwu  tliiit  (h^partiiu'iit  in  coiiH<><|iienc<M)t'  tin- 
nolo  tliiU  you  jkMii'ssimI  to  mo  l)oiirinji  diitti  ol'.JiiIy  5  (17),  IriSO,  in  rcyaid  to  tlio  iiici- 
ilt'iit  of  tlio  Koiziin)  of  tlio  McIiooiiiT  ICliza. 

'J'lii.s  iiifoniiatio!!  is  in  Hiili.staiicc  t()  llio  ctfcct  tliat  tlio  KUza  was  eoiilimiatoil  not  for 
tlio  fjM^t  of  Noal-hnntiii;;,  but  hy  virtiio  of  an  adniiiiistrativo  rt';riilatioii  ])roliiliitiii);. 
from  tlio  lif^iiiniii;;  of  tlio  yoar  l^'^'.i.  ovciy  kind  of  (Mniimorcial  aot,  of  linntiii;;  and  {^i 
\\«\\\n\I,  on  our  coaNt.s  of  tht^  I'acific,  witluuit  a  .spoclal  aiitliori/ation  from  tho  ;>;ovt>.ii- 
i)r-;;t'n('ral,  and  farryin;;  with  it,  a;;aiii.st  tlioso  tiiMri'gardin;;  it,  tho  penalty  of  tin- 
Hoi/.uri'  of  tho  ship  a.s  well  a.s  of  tlii<  t  arj^o. 

Duriiif;  thoyoar.s  Ir'Hl-lj"^;!,  tho  widost  luoaiiH  of  publicity  woro  omployod  in  brinj;- 
in>;  tlii.s  rof^ulatioii  to  tlio  knowh-dj^o  of  tho  j)artios  intcrcstod.  It  was  publi.sli»Ml  in 
tho  Jonnial.s  of  Y'okohama,  jioHtod  up  in  all  our  coiiHiilate.s  of  the  I'acitiu,  ami  cutn- 
iiiunifati'd  to  tho  Amorican  custom-liou.so  t'.stabliHhmoiit.s. 

Tho  complainant  can  not,  therefore,  plead  ignorance  of  the  prohibitory  measures 
in  i|iiestioii. 

The  crow  of  the  lUiza  was  eii<ja;i;ed  not  only  in  hunting  walrus  on  our  const  of 
Kamtschiitkii,  and  in  commercial  transactions  with  the  natives,  but  traded  there  with 
illicit  artit'li ''.  such  as  arms  and  strong  li(|iiors, 

'I'lic  iufriiigcmciiis  of  the  jiriiitcd  regulations  are  duly  established  by  tho  opi'ii  net 
uiid  the  coMtession  of  the  (■aptaiii,  Austin  Weston,  who  made  no  ])roteHt  against  tho 
sei/.ure  of  the  vessel  ordered  under  that  head  by  the  cimimi.ssion  Hitting  act /luc  on  board 
the  imperial  corvette  liiinhoiuik. 

The  caiil.iiii  iii'd  his  second  olliccr,  besides,  acknowledge  the  ofVenso  charged  against 
them  of  liiintiiit;  and  of  trading  in  tlit>ir  depositions  annexed  to  tint  petition  itself  of 
Mr.  Sponiiei  and  (■ommunicated  to  the  imperial  ministry  by  the  legation  of  the  United 
Stiites,  under  (late  of  April   ICi  (•*"). 

Ill  iiil'ormiou  you  ol  the  foiegoing  circiimstanceH,  which  (ieinotistrat(?  tho  entire 
legitiiiiai  y  of  the  sei/iire  of  the  Klicti,  I  have  no  doiilit,  Mr.  Envoy,  that  you  will  be 
led  to  coii<  hide  that  th*-  claim  broiiglit  by  the  proprietor  of  that  Hhip  is  without 
foiiiiiliition. 

And  1  av;iil  myself,  etc., 

A.  Vi.AXd.xt.v. 


No.  210. 


Mr.  Lolhrop  to  Mr.  lUtyard. 

No.  lOO.J  TiKnATION    (IE   THE    UNITED    STATES, 

iS7.  P('fn:shur(j,  March  7,  1S.S7.     (Received  Miirch  22.) 
Sir  :  IJefi'rriii};  io  my  recent  «lis])at('hes,  Nos,  0;"»  and  0(1,  (ioneernin;? 
the  seiznn'  and  conliscaf  ion  of  the  .schooners  I'Jliza  and  Henrietta,  I  am 
now  able  to  repoit  thai  Hie  minister  of  foreign  alfairs,  in  answer  to  n)y 


8KAL    FISUKinKS    IN    HKKINO    HFA. 


271 


iiHluiries,  iiiioniis  mc  explicitly  tliat  the  "  illi«:it  coiniiierce"  iiiipiitetl  t(» 
the  llcnrUtta  \vsi8  commerce  in  violation  (»f  the  order,  or  ^^  (lisposititni 
itdmiiiixtratirc''^  set  forth  in  my  aloresai*!  (liRpatches.  lie  farther  states 
that  the  commission  that  condemned  the  schooners  was  in  each  case 
made  up  of  ollicers  beion^inf;  to  the  capturing;  vessel. 

He  has  also  sent  to  me  a  transhition  into  ivn^iisli  of  said  ''^disponition 
administratii'r,'^  a  <!opy  «)f  which  1  inclose  heiewitl:.     It  will  he  noticed 
that  it  apiM'ars  in  the  form  of  the  notice  wiiicii  was  jjivei:  by  the  Unssian 
consul  at  Vokoliama,  November  15, 18S1. 
1  remain,  etc., 

GE(».    V.  X.    LOTIIKOI". 


[Iiirlosiiii'  in  Mr.  Li)tlii<i|rH  N'o,  iJi). — Transhition.] 
Xoliic  iif  ordir  rclulirr  to  vnmmcrcc  on  li'iisKian  I'tn  IJic  coa^t, 

NOTICK. 


asnreH 


At  till' ri'(|iii>.sl  of  tlif  local  aiilliDritii-s  of  Iiclirin;^  ami  oilier  islaiid.s,  tlit<  uiiilfr- 
HiniH'd  litTdWy  iiotifit'H  that  tlio  Knssiaii  Iiiiiu'iial  (jovciiiiiiciii  |iiil>li,slu',s,  for  yjciioral 
kii(>\vl('<i;;<',  till-  following; 

(1)  Without  II  s]n'cial  ptMiiiit  or  license  t'rorii  the  )j;o\  cri!or-^;citcra]  of  Kasterii  .Sihe- 
ria  foreij;ii  vcust^Is  an*  not,  allowed  to  carry  on  Iraiiiiiic,  Imntiiin',  li.shint^,  etc..  <>ii  the 
liiissiati  coa.st  or  inlatiils  in  tln^  ( )UhotHk  and  liehrin;;  Seas,  or  on  t  lie  northeastern  coa.st 
of  Ahim,  or  within  their  soa  hoimdary  line. 

(2)  For  mn;h  peruiit.s  or  licenHca  lorei;;ii  vc8S(ds  Hhonid  ajiply  to  Vladivostok  excln- 
tiivt'ly. 

(U)  In  th«  port  of  I't'lropaiilovHlc,  thonj^h  heiiiy;  th<<  only  iiort  of  entry  in  Kam- 
chatka, Hiieh  permits  or  liccnst^s  shall  not  l»o  issued. 

(4)  No  permits  or  iicenses  whatever  shall  lie  j.>(sm;d  for  hutuiu}?,  lishinK,  or  trading 
at  or  on  the  (,'ommodore  or  l{oblien  islands. 

(."))  Foreij^n  vessels  fonnd  tradinjj,  tisliiii;;,  huntiii;^.  •-•r.,  in  Knssiaii  waters  without 
a  lii.eiise  or  permit  from  tin*  ;;overnor-j;eneral,  and  als.i  those  possessing  a  license  or 
permit  wh()  may  infrinj^e  the  existinjj  Ivy-hiws  on  hniitin:;,  shall  he  conliscatt<d,  hoth 
vcssols  and  cargoes,  for  tlu-  heiielit  of  the  fiovernmtMit.  Thi.s  enactment  shall  he  en- 
forced heiKiefort i),  comiMcnciii).;  with  A.  I).  I^H-J. 

(tl)  Thi^  (Miforcement  of  the  ahove  will  he  intrusted  to  Russian  inen-<d'-war,  and  also 
to  linssian  mercdiant  vessels,  which,  for  that  pnrpuse,  will  'arry  military  d'i.ichment:i 
and  he  provided  with  proper  instrnctioiis. 

PKI.nCAN, 

//i'.'*  liit])vr',ii!  L'rs^ltin  Miijcxtii'M  (oiiBul. 
V()K<>n.vM.\,  yoitmhir  l'>,  lS-^\. 


No.  211. 


12.) 


Mr.  Lothrop  to  Mr.  Haydnh 

No.  llJti.J  LK(}ATI0N    of    IllK    1-NIT.Kl)   STATF.'^, 

St.  VcUrsburii,  Junv  L"_',  1887.     (Received  July  9.) 

Sir:  Fn  answer  to  my  note  of  Ajnil  11  htst.  ttslvin;;  for  information  as 
to  tlu'  |)recise  places  of  seizure  of  the  Hcliooner.^*  Eliza  and  llenriittn 
severally,  ami  iilso  for  cojiies  of  the  tninutes  or  records  of  the  courts 
tliat<u)ndemne(l  tlii^  said  stiliooneis,  iiM-ludintJ  the  (•liar;,'es,  evidence,  and 
other  procecdiuifs,  I  have  now  re<'('i\ed  from  the  Imiierial  (ioverniuent 
copies  of  the  "j)rotocols"  in  each  of  said  cases. 

It  will  be  seen  that  tli<»  tribiinal  tliat  coidis<;iited  lh(»  schooner  was 
mad«»  up  of  the  ollicers  of  the  ca[>tnrin;4'  ves.sel  and  that  the  evidenco 


272 


si:al  iksiikriks  in  hkking  sea. 


on  which  th«\v  chiim  to  have  uvivd  was  fiiriiisht'd  by  their  own  observu- 
tion,  tlic  )ia|K'i's,  or  want  of  iiapers,  of  tlie  h(;huonei'!s,  and  thu  adniis- 
.sioiiH  of  tlu'ir  nia.sti'is. 

I  incloso  tlu)  coiiii's  t'mnisluMl  to  nu*,  with  transhitions  of  the  same. 
1  am,  etc., 

Geo.  V.  N.  Loninor. 


^i 


(I.ik'liiaui'i'  1  ill  Mr.  Lotliro|)'H  No.  126.— TrnnHlntion.] 
I'nttoci)}  (if  proceed  ill  If  H  in  the  cant  of  the  lleiirUila, 

Wo,  ilu>  niMlfiHi^ni'd,  <l<i  r-crlify  tliat  i\ui  17tli  Aii^iiist,  IHHCi,  jti  tlio  Mi'Iuiiijj  Si'ii, 
latitmlc  C.V  .'.'>  X.,  aixl  Idii^itiMlo  liK)  ■{'  K.,  was  met  ii  two-iiiamod  ncIiooiut,  currying 
tlio  Aiiii-ricaii  i\i\n, 

l'|ii)iM\ainiiiiiliiiii  (if  Iht,  iis  also  Iht  (lociiiiu'iitH,  it  was  ComhI  tlint  tliis  HcliodiiiT  1m>- 
loii^rd  lo  tlic  t<i\vii  of  San  I'raiii'i.M'o ;  was  tlic  iiroiicrty  of  Jai.u-M  Sfiiiu'tt;  wan  calli'il 
llu'  J I  III  rii  lilt,  iiiidi  T  llifcoiimiaiHl  <if  HiMiJaiiiiii  Drflci';  \vaHf;(»iii;^  from  \\w  ri'^^ioii  of  tlio 
territorial  waters  to  C'a|ii>  Cliajiiiii,  ]iart  <d'  tlit<  K'usniiiii  |io.s.M'.sHionH.  On  tlio  Hcliooiicr 
lu'Hidi'.s  tlic  crew  wtro  nix  ('liiiKtilMM-H  from  (.'aim  ('liapliii.  Aecordinj^  to  the  journal, 
and  as  acknowledged  liy  tlii^  conunander,  it  is  seen  that  liie  schooner  Hiuriilta  wux 
en;;a<j;ed  in  tiMdin^,  witliont  licciiHC,  on  i)ie  KiiHsian  coast,  n.-iinely,  in  tln^  hay  of  St. 
Lavrentia.  Providence,  and  at  Capes  ('lia)din  and  Kastein  ;  hosides  this,  npon  exumi- 
niitiini  ot'  the  schooner,  tlieic  was  foni>d  on  hoard  aliont  I  ]iood  Clli  |ionndH)  of  ;;iiii- 
jiowder,  two  ^uns,  more  than  two  thou^<and  oirlridfjcs  of  dil'i'erent  kinds,  lead  I  :  :)od 
( lit  pounds),  small  shot,  and  perenssion  caps.  The  car<;o  did  not  correspond  with  the 
liill  of  Jadin;;,  the  journal  was  not  written  up  pioiierly,  and  the  last  «layM  had  not 
heen  entereil  at  all. 

I.enjfth  of  the  schooner.  .".I  feet ;  hrcadth  of  the  schooner,  '20  feet ;  water  displace- 
ment, 'I  i  tons, 

The  car^o  consisted  of  .1,(1(1(1  jionnds  of  wlialehone,  ;t  harrels  r)f  walrns  tusks,  furs, 
.mil  various  small  articles.  Takin;;  into  consideration  all  the  fore;;oin;.;  wo  have  de- 
cided to  contisi-ato  the  Hchooiicr  to  the  lienelit  of  the  Kiissian  Oovernnieiit,  Aiixitut 
I7th  (*J'.»th),  lH.-(i. 


Personally  sifjned. 


Coufniucd : 


President  of  the  committee  : 

( 'ait. MX    OK   Tilt:   "it)   KaXK,  I'l.AKSIN. 

Memliirs  ot'  the  eoniniitlee: 

l.ii;t!Ti;N.\NT  I'ofoi  r. 
I'omHiiicK  /,i;i.\. 

r.NIii:U    I.IIX'TK.NANT    rKDOTOKI'. 

r.NUMi  Lii:iri:.NANr  Koroilsciiik. 


Commander  of  tlie  clip|ter  I'liiiHcr. 

t'AIMAl.N    IhT   liANK,  OSTOLOl'OKK. 

Compared  with  the  oi  ij,jlii:i!.     Senior  llaj;  (dheer  : 

LlKUTKNANT    K'<  iDKtXol-K. 

Ci  rn  ct  : 

Skci;i:taiiy  .Mihsiiiiman  Siiivank. 


lIiuleKiin- '.'  Ill  >[r.  [.itliioii's  Xo.  120,— 'rriit\nl:itloii.| 

I'rolocol  (>/' llti  toiijinciitioii,  nl  llic  motilh  of  Ihr  linr  An<i<iijr,  iivar  ('<iiic  Ohm  rvatirii,  of  thi 

Aiiivricnn  tvlwomr  A'/icd. 


The  1  till  ("Jl'ilhl  .Iiiiie.  l-*^!.  iit  the  inonlli  n|'  the  riv<r  ,\iiai!yr,  near  Caiie  Olisi  rv;i- 
toiy,  I.icntcD.'int  l';ireiiolf,  of  the  Imiieiial  clipper  lut:h(,iiiH:,  under  the  I'oiiiniaiid  of 
l.ieiitetiani  ililtehniiidi,  inspected  the  Aiiieiiciiii  sclMMiner  at  anchor  Kli:n,Vti\>t.  Aii>- 
Iin  Weston,  upon  which  was  found  in  the  liohl  iinlawl'iil  niercliandise,  such  as  rum, 
tire- arm.H,  etc.  Amongst  the  ship's  )>iij)crs  was  iioir  fniind  any  hill  of  ladinj;  or  port 
clearance.  As  seen  liy  the  ship's  Jc.r.riial  and  ackiiowli  d;:ed  l>\  the  cuptain,  the  iiouve- 
named  schooner  <'arricd  on  trade  with  stran^jers  in  <lit)'ei('nt  parts  of  the  Kiissian 
northwest  const,  without  having;  anylicen.se  l"or  this  from  the  yovernor  of  eastern 
Siheriii,  and,  he.sides  this,   tr.idiiig   in   prohihitc  I  yoons ;  therefore,  hy  order  of  the 


SKAL    ri.SHERIKS    I\    HEKIXO    SKA. 


'213 


^."V«'rni It,  piibliMlietl  in  tlie  Kii;;lirtli   liitiKiiaKo  tliroo  v»«irs  iil'o  juhI  iiiHtrnctions 

Xivni,  I  onlitf: 

(i)  Th«  alK»v»--immt'(l  kcIiooikt  IJlUa,  with  iill  tliiit  heloiijjH  to  licr  and  her  careo  to 
lio  eoiilisnitnl  at  ..iiuo,  to  tho  lioiiolit  of  tlio  Kii«Miaii  Iniiiorial  (Jovcnimoiit. 

(ii)Tlio  captain  and  part  of  tin- HJiip'H  cri'w  of  tho  HclnxHHT  to  ho  tai<«>n  on  hoard 
tlio  chjjpj'r,  as  jiaHst'njrcr.s,  with  tht'ir  iicrsonal  t'lh-ctn  hfh>n>,'iii;,'  lo  tiicni,  until  tht^ 
(irst  iiicotiiiK  witii  afoniin«^rcial  voHMol  haviii};  hnvfiil  ri;;ht.s  or  until  thov  arrivo  at 
Olio  of  th«  ports  having,'  po.stal  couwnuuication. 

Ci)  Tho  conlim'ati'd  m;hooncr  to  ho  sent  to  ViadivoMtok  for  dtdiviry  to  the  port  and 

(4)   lo  hand  tiio  captain,  Austin  W.-Htou,  a  ropv  of  tliis  protocol,  in  tho  KuL'ii.sh 
hingiinKf,  an<l  to  ^'1  a  receipt  from  liiin  for  tho  sunie. 
Coinunmder  of  tho  clijiper  L'azhoiiiil;, 

LlIU'lKVAXT  CaITAIN'   HlMiKUIll!ANr)T 

,,       ,.  ,  and   LllUTKXA.VT   I'AKK.Ndl  r, 

( onhrnu'd  : 

UkVISOK  Y()UX(J. 
Correct  : 

SiCCUETAHV   .MlUSllll'.MAN   ScllVAXK, 

S.  Kx.  KIC 18 


' 


9 


1  I 


Part    V. 


TREASURY    REGULATIONS 


No.  21L'. 


Mr.  Fair  child  to  Mr.  Jiaynrd. 

TUKASUUY   DEPAUTMENT, 

Office  of  the  Secretauv, 
Washington,  I).  C\,  February  5,  1880.     (Iteceived  February  7.) 

SiU:  I  liJivo  the  lionor  to  acknowkMljje  the  receipt  of  your  letter  of 
the  31st  ultimo,  iiiclosiu^  a  copy  of  the  {Senate  resolution.s  of  the  LM 
ultimo,  and  recjueNtinp  tliat  copieH  of  the  latest  rules  and  re(;ulationH 
in  relation  to  iishin*;  or  taking;  seal  in  Kehrin^  iSea,  or  in  waters  adja- 
cent thereto,  bes  furnished  to  your  Department  for  transmission  to  the 
Senate  with  your  report  to  the  I'resident  upon  the  subject  of  said 
resolution. 

In  compliaiuie  with  your  rccpu'st,  I  inclose  herewith  three  copies  of  a 
comjtilation  ])ublislied  in  ISS'J,  which  contains  all  the  stamdin^  rul(>s  and 
regulations  relating  to  said  lishin;:^  or  taking'seal,  no  instructions  of  a 
jjeneral  and  permanent  character  in  rejjard  to  the  subject  havinji  been 
issued  since  that  date. 


Itesi)eclfully,  your> 


C.  S.  Fairciiild, 

Saretar)/. 


llncloHUi-f  '!.] 


LiiWH  (Hid  Kjri'cutiif  ordo'i  rrUil'niij  to  Alanha.  I.rnw  of  tUr  iiJanih  of  St.  I'aiil  ond  SI. 
(Ivorge  to  (he  .llitshn  t'omwrrrinl  (  onijxnii/,  atid  rniiilationH  govfrniuij  aijtntn  of  the 
Trt'HHiirti  ill  i-hnrgr  of  the  hcoI  fixhtyitn. 

TitKAsiiiY  Dkpautmk.nt,  April  V.\,  \Hf*'J, 
Tin'  (olldwiii^i  roiiipilaliiiii  of  tlio  lawM  iiihI  l-lxt-i'iilivt*  ordoiH  rt^liitiii^j  t(»  AluNkii.  llii» 
loaso  of  tlii>  Seal  iMlaixls  of  SI.  I'aiil  an*l  St.  (ifoi;;ti  to  tlm  AluHka  CoiniiK^niial  ('imi- 
paiiy,  atid  i(-;<iilali(iiis  f^ovrniiii;;  tin-  nral  lislHTioN,  is  piilili.-ilu-d  for  tii<!  iiifonnation  of 
Xho  oni(!ci'H  ol  tlif  Ui>|iai'tiii<'iit  and  otliciH  iiitiTustod. 

("ll.vs.  J.  roi.Oi-Mi, 

.SV(r(7rt»7/. 


IIKVIHKD  .STATUTKS. 


Sec.  ll)r)4.  Tlio  lawH  of  tlio  I'niti'd  States  ndafint;  to  fiistoiiiH,  cninnieiTi',  mid  mivi- 
((atioii  art)  ixtciidid  to  and  over  all  th*>  iiiaiii-laiDi,  ixlaiidH,  and  \vati>rH  of  tlio  ttrrl- 
toiy  ct'dcil   to  till-  riiltctl  Statc.1  liy  tlio   Kniperor  of  KuHsiu  by  treaty  conLliuled  at 


8KAL    FISIIKUIKS    IN    MKKIXG    SEA. 


'2  lb 


WiiHliiii^toii  on  tlio  tliirtiftli  ilay  of  Marcli,  nniio  Ditiiiiiii  i-iKlit«><>ii  liiiiulretl  niitl  Mixty- 
st'vcn,  HO  tar  iih  iIionuiiik  may  Ix*  a|i|ilii'alili<  tlicrcto. 

Skc.  IU'm.  Tint  rrcHidt^ut  hIihII  liavr  itowir  to  rcMtrict  mid  rc){iilatc  or  to  proliiltit 
tlii<  iiiiportatioii  anil  iiha  of  tirti-ariiiH,  aiiiiiiunitioii.  and  diNtilli'd  Npints  into  and 
within  tint  Territory  of  AlaHka.  'I'li«  ox|)ortation  of  tin*  Hiinm  fniin  any  otln<r  port 
or  idact;  in  tho  United  Statt'H,  when  d«>Ntin<>d  to  any  port  or  place  in  tlnit  Territory, 
iiinl  all  HUtdi  arinH,  anininnition,  and  diittilled  Npiritn,  exported  or  atteni|>ted  to  bu 
exported  from  any  port  or  plaee  in  tln«  I'liiled  Staten  and  destined  to  nucIi  Territory, 
in  violation  of  any  re^ulationH  tinit  nuiy  be  prcHcribed  nnder  tliiH  Nec^tion,  and  nil 
Huoli  tirniH,  aintnnnition,  and  diHtilled  spirits  landed  or  attempted  to  be  lamled  or  nsed 
at  any  port  or  plaee  in  the  Territory,  in  violation  of  Hnili  re^nlationN,  nIuiII  be  for- 
leited  ;  and  if  tint  valine  of  the  sanm  exceeds  tour  bnndred  dollais,  the  vessel  iijtoii 
\vliicb  the  Hann«  Ih  fonnil,  or  from  which  they  hav**  been  landed,  together  with  her 
tackle,  apparel,  and  furniture  ami  cur^o,  shall  be  forfeited  ;  and  any  iiersmi  willfully 
vi<datinK  snch  re^nlatiiiiis  shall  be  lined  not  moix  than  live  hundred  dollars,  or  im- 
]>riHorn'il  not  nntre  than  six  montlis,  lioiids  may  be  rei|nired  for  a  faithful  observance 
of  such  regulations  fnun  the  master  or  owners  of  any  vessel  dejiartin^  from  any  |)ort 
in  the  I'nited  Slates  having  on  board  lire-arms,  ammnnitiiui,  or  distilliHl  s|)irils,  when 
such  Vi'ssel  is  destined  to  any  jdace  in  the  Territory,  or  if  imt  so  ileslined,  when  thero 
is  reasonable  ground  of  sus|iicnin  that  such  articles  are  intended  to  be  landed  therein 
iu  violation  of  law;  ami  similar  bonds  nniy  also  be  reipiired  on  the  landing  of  any 
such  arti(!leH  in  the  'I'erritory  from  the  )ierson  to  winun  the  sann-  may  be  ciuisi^in>d. 

Skc.  r.).')*;.  No  ]>erson  shall  kill  any  otter,  mink,  nnirteii,  sable,  or  fur-seal,  or  other 
fur-beariiif;  animal  within  the  limits  of  Alaska  Territory,  or  in  the  waters  thereof; 
and  every  person  fiuilty  thereof  shall,  for  each  olVeiise,  be  lined  not  less  than  two 
hiimlred  nor  montthan  one  tinuisand  dollars,  or  iin|irisonedmit  niortt  than  six  iiioptliH, 
or  both  ;  and  all  v<-NselH,  their  tackle,  apparel,  furniture,  and  ear;;o,  found  eii^^aKed  in 
violation  of  this  section  shall  be  forfeited;  but.  the  Secretary  of  the  Treasury  shall 
have  power  to  anthori/e  the  killiii;;  of  any  such  mink,  marten,  sable,  or  other  fur- 
bearing  animal,  exce|)t  fur-H(tals,  under  such  re<;ulat  ions  as  hit  may  presi^ribe  ;  and  it 
shall  be  the  duty  of  the  Secrt^tary  to  jireveiit  tint  killiii;;  of  any  fiii-seal,  and  to  pro- 
vide fur  the  execution  of  tln>  provisions  of  this  section  until  it.  is  ollnrw  ise  provided 
by  law  ;  nor  shall  he  ({rant  any  special  pii\ile;;es  under  this  section. 

Six;.  i<.).'>7.  I'ntil  otherwise  jnovided  by  law,  all  violations  of  this  chapter,  and  of 
tint  several  laws  hereby  extended  to  tint  Terrihuy  of  Alaska  and  the  waters  tl"'i»'o|", 
committed  w  itliin  I  he  limits  of  lint  same,  .shall  be  prosecuted  in  any  district  court  of 
the  I'nited  Slates  in  California  or  Oregon,  or  in  lint  district  courts  of  Washin^^ton  ; 
and  lint  collector  and  deputy  colleclors  appointed  for  Alaska  Territory,  and  any  i>er- 
s(ui  authorized  in  wriliny;  by  (titlicr  of  them,  or  by  tint  Secretary  of  the  Treasury,  sluill 
have  power  to  arrest  jiersons  and  sei/(>  vessels  and  nn'riliainlise  liable  to  lines,  jienHl- 
ties,  (M'  forfeitures  nnder  this  and  tin-  other  laws  extended  over  tint 'I'l-rritory,  and  to 
keep  and  deliver  theHaine  to  the  marshal  of  some  one  td'siudi  courts;  and  such  courts 
shall  have  original  jurisdiclimi,  am!  may  take  co^rni/.ance  of  all  cases  arising  under 
this  act  and  tint  several  laws  hereby  exlemled  over  the  Territory,' and  shall  proceed 
therein  in  the  same  manner  and  with  the  likeeiVect  as  if  such  cases  had  arisen  within 
the  district  or  Territory  where  the  proceei'vi^sare  brou;;lit. 

Si'.c.  r.t.'iH.  Ill  all  cases  of  tine,  |ienalty,  or  forfeit n re,  embr.ii'ed  in  the  act  api-roved 
.March  third,  si-vciiteen  hniidred  and  ninety-seven,  chapter  thirteen,  or  menliiuied  in 
any  act  in  addition  to  or  ameiidaloiy  of  such  act,  that  have  oi  ciiricd  lU'  nia.v  occur  in 
the  collection  district  of  Alaska,  lint  Secretary  of  tint  Treasury  is  aiitliori/.eil,  ifin 
his  opinion  the  line,  |ieiialty,  or  lor iVi lure  was  inclined  w  itln>iit  willful  nejilijfcnce  or 
intention  of  fraud,  to  ascertain  the  fai-ls  in  such  manner  and  under  such  re^rnlat  Ions 
as  he  iiiav  deem  ]iroper  witlmiit  lei^ard  to  the  provisions  of  the  aei  :ibove  referred  to, 
;ind  upon  the  facts  so  to  be  ascertained,  he  may  exervise  all  ilie  power  of  remission 
I'onferred  upon  him  by  that  a<t,  as  fully  as  he  niiylit  have  done  had  sncb  facts  been 
ascertained  nnder  ami  according  to  the  provisimis  of  that  act.     ( ."^ecs.  .VJ'.tti,  ."VJi>:i.) 

Skv.  I'.iri'.l.  'Tin-  islands  of  , Sal  lit  I'aiil  and  Saint  (ieoi'f^e,  in  Alaska,  are  declaretl  a 
sjiecial  reservation  for  (loveriiiiieiil  purposes;  and  until  otliei'wi.-.e  providi-d  by  law  it 
siiall  be  unlawful  for  any  person  to  land  or  remain  on  either  of  tlios(t  i.ihunis,  exce])t 
by  the  authority  of  the  .siecretary  of  the  'Treasury;  and  any  person  found  on  either  of 
those  islands  (tontrary  to  the  provisimis  hereof  shall  be  summarily  removed  ;  and  it 
shall  b.    ;  i;'>  'nt.y  of  t  lie  Secret  a  ry  of  War  to  carry  this  section  into  eU'eet. 

Skc  Uti'.it.  t  shall  be  unlawful  to  kill  aiiv  fur  seal  upon  tlio  islands  cd"  .Saint  Paul 
ami  Sii:  ;i  (J  »r;;e,  or  in  the  wah-rs  adjacent  thereto,  except  diirinj;  tint  months  of 
Juno,  Ji'iv.  .^Mtptember,  and  Octidier  in  each  year;  and  it  shall  be  unlawful  to  kill 
such  seals  at  ,iny  time  by  the  use  of  lire  arms,  or  by  other  means  tendin;;  to  drive  the 
seals  awaj  frmn  those  islands;  but  the  natives  of  the  islands  shall  have  lint  (irivile^e 
of  killing  such  yoiinj;  seals  as  may  be  necessary  for  their  own  food  and  clothin;;  dur- 
ini;  other  months,  and  also  stntli  old  seals  as  may  be  rei|iiired  for  their  own  elolhiuf;, 
uud  for  the  manufactnro  of  boats  for  their  own  use;  and  the  killing  in  uuch  eaHCH 


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276 


SEAL    FISHERIES   IN    BERING   SEA. 


■;v 


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'  .s. 


^0^ 


■'M 


^V„ 


shall  be  limited  and  controlled  by  siicU  regulations  as  may  be  prescribed  by  the  Sec- 
retary of  the  Treasury. 

Skc.  19G1.  It  shall  be  unlawful  to  kill  any  female  seal,  or  any  seal  less  than  one 
year  old,  at  any  season  of  the  year,  except  as  above  provided;  and  it  shall  also  be 
nulav  'ul  to  kill  any  seal  in  the  waters  adjacent  to  the  Islands  of  Saint  Paul  and  Saint 
Georg;,  or  on  the  beaches,  clilfs,  or  rocks  wliere  they  haul  up  from  the  sea  to  remain; 
and  every  person  who  violates  the  j)rovisions  of  this  or  the  preceding  section  shall  be 
])unished  for  each  ofTenae  by  a  line  of  not  less  than  two  hundred  dollars  nor  more  than 
one  thousand  dollars,  or  I)y  imiirisonmeut  iu)t  more  than  six  months,  or  by  both  such 
line  and  imprisounient;  and  all  vessels,  tbeir  tackle,  apparel,  and  furniture,  whose 
crews  are  found  engaged  in  ihe  violation  of  either  this  or  the  preceding  section,  shi>ll 
be  forfeited  to  the  Ui.ited  Sfates. 

Si:c.  ll)()2.  For  the  period  of  twenty  years  from  the  first  p*^  <Iuly,  eighteen  hundred 
and  seventy,  the  number  of  fur  seals  which  may  be  killed  for  their  skins  upon  the  isl- 
and of  Saint  Paul  is  limited  to  seventy-live  thousand  per  annum;  and  the  number  of 
fur  seals  which  ma.\  be  killed  for  their  skins  iii)on  the  islaiul  of  Saint  George  is  lim- 
ited to  twenty-live  thousand  per  annnni ;  but  the  Secretary  of  the  Treasury  may  limit 
the  right  of  killing,  if  it  becomes  necessary  for  the  i>reservation  of  such  seals,  with 
such  proportionate  reduction  of  the  nuits  reserved  to  the  Government  as  may  be 
proper;  and  every  ])erHOii  who  iviiowiugly  violates  either  of  the  provisions  of  this  sec- 
tion shall  be  punished  as  provided  in  the  preceding  section. 

Skc.  VMi'.i.  When  the  lease  heretofore  madii  by  the  Secretary  of  the  Treasury  to 
"  The  Alaska  Commercial  Company,"  of  the  right  to  engage  in  taking  fur  seals  on  the 
islands  of  Saint  Paul  and  Saint  George,  pursuant  to  tins  act  of  .July  lirst,  eighteen  hun- 
dred and  8(*venty,  chapter  one  hundred  and  eighty-nine,  or  when  aey  future  similar 
lease  expires,  or  is  surrendered,  forfi'it.Ml,  or  terminated,  the  Secretary  shall  lease  to 
]»rt»per  and  responsibh^  ])arties,  for  the  best  advantage  of  the  United  States,  having 
due  regard  to  the  interests  of  the  Gov(;rnment,  the  native  inhabitants,  their  comfort, 
maintenance,  and  education,  as  w(dl  as  to  the  interests  of  the  parties  heretofore  en- 
gaged in  trade  and  the  i)rotection  of  tlie  iisheries,  tlie  right  of  taUing  fur  seals  on  the 
islands  henun  named,  and  of  sending  a  vesscd  or  vessids  to  the  isjaiuls  for  tlie  skins  of 
such  seal,  for  the  term  of  twenty  years,  at  an  aiiiiua]  rental  of  not  less  than  fifty  thou- 
sand dollars,  to  be  reserved  in  such  h^ase  and  si'cured  by  a.  deposit  of  UnitiMl  States 
bonds  to  that  amount ;  and  every  such  lease  shall  bo  duly  executed  in  duplicate,  and 
shall  not  be  transferable. 

Skc.  19(54.  The  Secretary  of  the  Treasury  shall  take  from  the  lessees  of  such  isl- 
ands in  all  cases  a  bond,  with  s<'eurities,  in  a  sum  not  less  than  live  hundred  thousand 
dollars,  conditioned  for  the  faithful  <d)servaii('e  of  all  the  laws  and  requirements  of 
Congress,  and  the  regulations  of  the  Secretary  of  Treasury,  touching  the  taking  ot 
fur  seals  an<l  the  disposing  of  the  same,  and  for  the  payment  of  all  taxes  and  dues  ac- 
cruing to  the  United  States  conneetod  therewith. 

Skc.  It)')').  No  persons  other  than  Ameri(!an  citizens  shall  be  permitted,  by  lease  or 
otherwise,  to  occupy  the  islands  tif  Saint  Paul  itnd  Saint  George,  or  either  of  them, 
for  the  purpose  of  taking  the  skins  of  fur  seals  therefrom,  nor  shall  any  foreign  ves- 
sels be  engaged  in  taking  such  skins  ;  and  the  Secretary  of  the  TriMsury  shall  vacate 
and  declare  any  lease  forfeited  if  the  same  be  liidd  or  ojierated  for  tlie  use,  beuelit,  or 
advantage,  directly  or  indirectly,  of  any  persons  other  than  American  citizens. 

Skc.  190(5.  Every  lease  shall  contain  a  covenant  on  the  part  of  the  lessee  that  he 
will  not  keep,  sell,  furnish,  give,  or  dispose  of  any  distilled  sjiiritsor  spirituous  liquors 
ou  either  of  those  islands  to  any  of  the  natives  thereof,  such  jierson  not  being  a  phy- 
sician and  furnishing  the  same  for  use  as  medicine  ;  and  every  revenue  otilicer,  otlici- 
allj'  acting  as  such,  on  either  of  the  islands,  shall  seize  and  destroy  any  distilled  or 
spirituous  li(iuors  found  thereon;  but  such  ollicer  shall  make  detailed  reports  of  his 
doings  in  that  matter  to  the  collector  of  the  port. 

Sec.  19()7.  Every  ))ersoii  who  kills  any  fur  seal  on  either  of  those  islands,  or  in  the 
waters  adjacent  thereto,  without  authority  of  tin;  lessees  thereof,  an<l  every  ])erson 
who  molests,  <listnrV)s,  or  interferes  with  the  lessees,  or  either  of  them,  or  their  agents 
or  employ^is,  in  tin;  lawful  prosecution  of  their  business,  under  the  i»rovisioii8  of  this 
chapter,  si;all  for  each  olVense  be  ])uiiislied  us  jirescribed  in  section  nineteen  hundred 
and  sixty-one ;  and  all  vessels,  tluur  tackle,  ajiparel,  apiuirtenauces,  and  cargo,  whose 
crews  are  found  engage<l  in  any  violation  of  the  provisions  of  sections  nineii-A'ii  hun- 
drec'  and  sixty-live  to  nineteen  hundred  and  sixtv-cight,  inclusive,  shall  be  forfeited 
to  the  United' States. 

Sec.  I9(i8.  If  any  jierson  or  company,  under  any  lease  herein  authorized,  knowingly 
kills,  or  permits  to  be  killed,  any  number  of  seals  exceeding  the  number  for  each 
island  in  this  cliaiiter  lu'cseribed,  sucii  p(!rs(ni  or  company  shall,  in  addition  to  the 
penalties  and  forfeitures  herein  provided,  forfeit  the  wlnde  number  of  the  skins  of 
seals  killed  in  that  year,  or,  in  ease  tin?  same  have  been  tlisposo<l  of,  then  such  person 
or  company  shall  forfeit  the  valim  of  the  same. 

Sec.  1909.  In  addition  to  the  annual  rental  required  to  be  reserved  in  every  lease, 


<r>      y 


SEAL    FISHERIES    IN    13EKING    SEA. 


277 


jy  tlie  Sec- 

13  than  ono 
nil  also  be 

I  and  Saint 
to  remain; 
in  shall  be 
more  than 
both  such 

lire,  whose 
itiou,  shi'll 

n  linndred 
ion  the  isl- 
nnmber  of 
rjre  is  lim- 
niay  limit 
leals,  -wifcli 
IS  may  be 
)f  this  sec- 

■easnry  to 
ills  on  the 
itcen  hnn- 
iro  similar 

II  lease  to 
^s,  havinj^ 
r  comfort, 
toforo  di- 
als on  the 
10  skins  of 
tiftython- 
ted  States 
icate,  and 

'  snch  isl- 
thonsand 
inonts  of 
taking  ot 
I  dues  ac- 

y  lease  or 
of  them, 
eign  ves- 
11  vacate 
)e!ie(it,  or 
ns. 

e  that  he 
jsliqnnrs 
ig  a  nhy- 
er,  ortici- 
4tilled  or 
ts  of  his 

or  in  the 
y  jierson 
ir  a}.',ents 
18  of  this 
hundred 
o,  whose 
tu'ii  hun- 
I'orfcited 

owingly 
lor  each 
n  to  the 
skins  of 
h  person 

ly  leaao, 


as  provided  in  soetion  nineteen  linndred  and  sixty-three,  a  revenue  tax  or  duty  of 
Two  dollars  is  laid  upon  eacdi  fnr-seal  skin  takiMi  iMid  uliippcid  from  the  islands  of 
St.  Paul  and  St.  Georfije,  during  the  eontiniianeo  of  a,iy  lease,  to  bo  paid  into  the 
Treasury  of  tlie  United  States  ;  and  the  Seeretary  of  tln^  Treasury  is  empowered  to 
make  all  needful  regulations  for  the  collection  and  iiayment  of  the  same,  and  to  se- 
euro  the  comfort,  maintenance,  ediusation,  and  ])ro:eclioii  of  the  natives  of  lliose 
islands,  and  also  to  carry  into  full  effect  all  the  provisions  of  this  chapter  except  as 
otherwici"  pres(!rilied. 

Skc.  11)70.  The  Seeretary  of  the  Treasury  may  terminate  any  lease  given  to  any 
])erson,  con>pany,  or  corporation  on  full  andsatisfactory  proof  of  (he  violation  of  any 
of  tli(5  provisions  of  this  chapter  or  the  regulations  established  by  him. 

Skc.  1971.  The  lessees  shall  furnish  'o  the  several  masters  of  vessels  eniiiloyed  by 
•'.hem  certified  cojiies  of  the  lease  held  by  them  respectively,  which  shall  be  preseiite<l 
to  the  Government  revenue  officer  for  the  time  being  who  may  be  in  charge  at  the 
islands  as  the  authority  of  the  party  for  landing  and  taking  skins. 

Skc.  1'J7"J.  Congress  may  at  any  time  hereafter  alter,  amend,  or  repeal  sections 
from  nineteen  hundred  and  sixty  to  nineteen  hundred  and  seventy-one,  both  inclu- 
sive, of  this  chapter. 

Skc.  197:5.  The  Secretary  of  the  Treasury  is  authorized  to  appoint  one  agent  and 
three  assistant  agents,  who  shall  be  charged  with  the  management  of  the  seal  lishiTies 
in  Alaska,  and  the  ]>erfonuance  of  such  other  dulies.as  may  be  assigned  to  them  by 
the  Secretary  of  the  Treasury. 

Skc.  1974.  The  agent  shall  receive  the  sum  of  ten  dollars  e;ieh  day,  one  assistant 
agent  the  sum  of  eight  dollars  each  day,  and  two  assistant  agents  thf  sum  of  six  dol- 
lars each  day  while  so  employed  ;  ami  they  sliall  also  be  allowed  their  iiteessury  trav- 
<ding  exjieiises  in  going  to  and  returning  from  Alaska,  for  which  expenses  vouchers 
shall  be  presented  ro  the  jiroper  ac*counting  oflieersof  the  Treasury;  and  such  (expenses 
shall  not  exceed  in  the  aggregate  six  hiUKlred  dollars  each  in  any  one  year. 

Skc.  1975.  Such  agents  shall  never  be  interested,  directly  or  indirectly,  in  any  lease 
of  the  right  to  take  seals,  nor  in  aiiy  proceeds  or  piolits  thereof,  either  as  owner, 
agent,  iiartner,  or  otherwise. 

Skc.  1976.  Such  agents  are  empowered  to  administer  oaths  in  all  cases  relating  to 
the  s'Tvice  of  the  United  States,  and  to  take  testimony  in  Alaska  for  the  use  of  the 
Government  in  any  matter  concerning  the  ])ubli(?  niveiiues. 

Skc.  yr)9l.  There  shall  be  in  the  Territory  of  Alaska  one  collection  district,  as  fol- 
lows :  The  district  of  Alaska,  to  comprise  all  the  Territory  of  Alaska,  in  which  Sitka 
shall  be  the  jiort  of  entry. 

Skc.  "io'.t'^.  There  shall  lie  in  the  collection  district  of  Alaska  a  collector,  who  shall 
reside  at  Sitka. 

Sec.  4140.  The  Secretary  of  the  Treasury  may  make  such  regulations  as  ho  may 
deem  expedient  for  the  nationalization  of  all  vessels  owned  by  actual  residents  of  the 
Territory  of  Alaska,  on  the  twentieth  day  fi/Jiine,  eighteen  hundred  and  sixty-s(;ven, 
and. which  continued  to  be  so  owned  up  to  the  date  of  such  nationalization. 


CUAl".  C4. — All  act  to  nniend  tlio  .let  eiititlpil  "  An  act  to  prevent  tlio  extcriiiiii.ition  of  fur-bearin;;  ani- 
mals iu  Alaska,"  approved  Jidy  fust,  oif;liti:L'ii  limidroil  atid  Muveiity. 

Be  it  enacted  6.1/  the  Seimte  and  House  of  HfprcKcnfalires  of  the  J'liUcd  Stitlcn  of  Jmi'tica 
hi  ConjircHH  assemhied,  That  the  act  entitled  "An  act,  to  pnrveut  the  extermination  of 
fnr-bearing  animals  in  Alaska,"  approved  July  first,  eiglitcen  hundred  and  sev(Mity,  is 
hereby  amended  so  as  to  authorize  the  Secretary  of  theTit'asnry,  and  lie  is  lu-reby  au- 
thorized, to  designate  the  months  in  which  fur  sijals  may  be  taken  for  their  skins  on 
the  islands  of  St.  Paul  and  St.  George,  in  Alaska,  and  in  the  waters  adjacent  thereto, 
and  the  number  to  be  taken  on  cir  about  each  islaii<l  respectively. 


TRKA.st;jiY  ])Ki>Ai!iMKXT,  Fibruayn  S,  1870. 

The  attention  of  collectors  and  other  officers  of  the  customs  is  directed  to  the  fol- 
lowing Executive  order: 

EXKCt'TIVK   MaXSKIX, 

H'ftshhifiton,  J).  C,  Fcln-uarii  4,  1870. 

Under  and  in  imi'snance  of  the  authority  vested  in  me  by  the  ^irovisions  of  the 

second  section  td"  the  a(!t  of  Congress,  apjiroved  on  the  '^/th  day  of  .July,  IHUH,  entitled 

"An  act  to  extend  the  laws  of  the  United  States  r(dating  to  customs,  commerce,  and 

inavigation  over  the  territory  c-ded  to  the  United  States  by  Kussia;  to  establish  a 


278 


SEAL    FISHERIES   IN    BERING    SEA. 


collection  district  therein,  auil  for  other  pvirpoaes,"  the  importation  of  disiilled  spirits 
into  and  within  the  district  of  Alaska  is  horxiby  proliibit"d,  and  the  importation  and 
use  of  fire-arms  and  annnunition  into  and  within  the  islandsof  St.  Panl  and  St.  George, 
in  said  district,  are  also  hereby  prohibited,  under  the  pains  and  penalties  of  law. 

U.  S.  Grant, 

President. 


In  conformity  with  the  foregoing  order  of  the  President,  and  to  insure  its  faithful 
execulion,  collectors  of  customs  are  hereby  instructed  to  refuse  clearance  to  all  vessels 
having  on  board  distilled  spirits  for  ports,  places,  or  islands  within  tbe  Territory  and 
collection  district  of  Alaska. 

Vessels  clearing  for  any  jtort  or  place  intending  to  touch,  trade,  or  pass  within  the 
waters  of  Alaska,  with  distilled  spirits  or  lire-arms  and  ammunition  on  board,  will  bo 
required  to  execute  and  deliver  to  the  collector  of  customs,  at  the  port  of  clearance,  a 
good  and  sutticient  bond  in  double  tlie  value  of  the  articles  so  laden,  conditioned  that 
said  spirits,  or  any  part  thereof,  shall  nttt  l)e  landed  upon  or  disposed  of  within  the 
Territory  of  Alaska,  or  tliat  said  arms  and  ammunition,  or  any  part  thereof,  shall  not 
be  Innded,  disposed  of,  or  used  upou  either  of  the  islands  of  St.  Paul  or  St.  George,  in 
said  district. 

Gko.  S.  Boutwkll, 

Secretary  of  the  Treasurij. 


Treasury  Dkpartmknt,  Scptcmher  10, 1870. 

The  following  Executive  order  relating  to  the  imjiortation  of  arms  into  the  islands 
of  St.  Paul  and  St.  George,  witliin  tlie  district  of  Alaska,  is  published  for  the  infor- 
mation of  officers  of  tbe  customs : 

Executive  Mansion, 
Washinnton,  D.  C,  September  9,  1870.' 
So  much  of  Executive  order  of  February  4,  1870,  as  prohibits  the  importation  and 
use  of  lire-arms  and  ammunition  into  and  wiiliin  the  islands  of  St.  Paul  and  St. 
George,  Alaska,  is  hereby  modified  so  as  to  permit  the  Alaska  Commercial  Company 
to  take  a  limited  quantity  of  fire-arnis  and  aniiuunition  to  said  islands,  subject  to  the 
directions  of  tbe  revenue  officers  there,  and  such  regulations  as  the  Secretary  of  tbe 
Treasury  may  prescribe. 

U.  S.  Grant, 

I'residert. 


The  instructions  issued  by  this  Department  in  its  circular  of  February  8,  1870,  are 
accordingly  modified  so  as  to  adjust  tliem  to  the  above  order.  Revenue  officers  will, 
however,  see  tluit  the  privilege  granted  to  the  said  company  is  not  abused,  that  no 
tire-arms  of  any  kind  are  over  used  by  said  company  in  the  killing  of  seals  or  other 
fur-bearitig  animals  on  or  near  said  islands  or  near  the  haunts  of  seals  or  sea-otters 
in  the  district,  nor  for  any  purjjose  whatever,  during  the  months  of  June,  July,  Au- 
gust, Septeml>er,  and  October  of  each  year,  nor  after  the  arrival  of  seals  in  the  spring 
or  before  tlieir  departure  in  tbe  fall,  excepting  for  necessary  protection  and  defense 
against  marauders  or  public  enemies  who  may  unlawfully  attemi)t  to  land  upon  the 
islands. 

In  all  other  respects  the  instructions  of  February  8,  1870,  will  remain  in  force. 

Wm.  a.  Richardson, 

Jcthuj  Sicrelary. 


EXKCUTIVE   order. 


Treasury  Department, 
IVaahinytoii,  D.  C,  July  'i,  1875. 

To  Collectors  of  Customs: 

The  importation  of  breech-loading  rilles  and  fixed  aniniunition  suitable  therefor 
into  the  Territory  of  Alaska,  and  the  shipment  of  such  rilles  or  ammunition  to  any 
port  or  place  in  the  Territory  of  Alaska,  iire  hereby  forbidden,  and  collectors  of  cus- 
toms are  instructed  to  refuse  clearante  of  any  vessel  having  on  board  any  such  arms 
or  ammunition  destined  for  any  port  or  place  in  said  Territory. 

If,  however,  any  vessel  intends  to  touch  or  trade  at  a  port  in  Alaska  Territory,  or 
to  pass  -."ithin  the  waters  thereof,  but  shall  be  ultimately  destined  for  some  port  or 
place  not  within  the  limits  of  said  Territory,  and  shall  have  on  board  any  such  fire- 


SEAL    FISHERIES    IX    BERING    SEA. 


279 


ililled  spirits 
jrtatiou  and 
i  St.  George, 
?  of  law. 

RANT, 

rreaident. 

»  its  faithful 
o  all  vessels 
erritory  aud 

)  within  the 
)ard,  will  bti 
clearance,  a 
itioned  that 
'  within  the 
of,  shall  not 
i.  George,  iu 


Treaaurtj. 


r  10, 1870. 

the  islands 
)r  the  infor- 


SION, 

■r  9,  1870.' 
>rtati()n  aud 
ani  aud  St. 
al  Company 
bject  to  the 
tary  of  the 

lAXT, 

I'residevt. 

8,  1870,  are 
fficers  will, 
ed,  that  no 
Is  or  other 
sea-otters 
,  July,  Au- 
the  spring 
ud  defenses 
I  upon  the 

force. 

SOX, 

Svcrelai'!/. 


ENT, 

/  3,  1875. 

le  therefor 
on  to  any 
ora  e)f  cus- 
such  arms 

rritory,  or 

ue  port  or 

such  fire- 


arms or  amuinnition,  the  master  or  chief  ofticer  thereof  will  be  it^quired  to  execute 
and  deliver  to  the  collector  of  customs  at  the  ])ort  of  clearance  a  good  and  siJIicieut 
bond,  with  two  sureties,  in  double  the  value  of  such  merchandise,  conditioned  that 
such  arms  or  ammunition,  or  any  part  thereof,  shall  not  be  landed  or  disposed  of 
within  the  Territory  of  Alaska. 

Such  bond  shall  be  taken  for  such  time  as  the  collector  shall  deem  proper,  and  may 
be  satisfied  upon  proofs  similar  to  those  required  to  satisfy  ordinary  export  bonds, 
showing  that  such  arms  have  been  landed  at  some  foreign  port;  or,  if  such  merchan- 
«iise  is  landed  at  any  port  of  the  United  States  not  within  the  limits  of  the  Territory 
of  Alaska,  the  bond  may  be  satisfied  upon  production  of  a  certificate  to  that  elfect 
from  the  collector  of  the  port  where  it  is  so  landed, 

Chas.  F.  Conant, 

Acting  Seiretary. 
Approved : 

U.  S.  Grant, 

rresidcnt. 


NOTICK. 

TiiKASURY  Department, 
Washington,  D.  C,  April  21,  1879. 

Section  !95G  of  the  Revised  Statutes  of  the  United  States  provides  that  no  person 
shall,  without  the  consent  of  the  Secretary  of  the  Treasury,  kill  any  otter,  mink, 
marten,  sable,  or  fur-seal,  or  other  fur-bearing  animal  within  the  limits  of  Alaska 
Territory,  or  in  the  waters  thereof,  and  that  any  person  convicted  of  a  violation  of 
that  section  shall,  for  each  oft'ense,  be  fined  not  less  than  two  hundred  nor  more 
than  one  thousand  dollars,  or  be  imprisoned  not  more  than  six  months,  or  both  ; 
and  that  all  vessels,  with  their  tackle,  ai)parel,  furniture,  aud  cargo,  found  engaged 
in  violation  of  that  section  shall  be  forfeited. 

No  fur-bearing  animals  will,  therefore,  be  allowed  to  be  killed  by  persons  other 
than  the  natives  within  the  limits  of  Alaska  Territory,  or  in  the  waters  thereof,  ex- 
cept fur-seals  taken  by  the  Alaska  Commercial  Comiiany  in  pursuanco  of  their  lease. 
The  use  of  fire-arms  by  the  natives  in  killing  otter  during  the  mouths  of  May,  June, 
July,  August,  and  September,  is  hereby  prohibited.  No  vessel  will  be  allowed  to  an- 
chor in  the  well-known  otter-killing  grounds,  except  those  which  may  carry  parties 
of  natives  to  or  from  such  killing-grounds ;  and  it  will  be  the  duty  of  the  officers  of 
the  United  States,  who  may  be  in  that  locality,  to  take  all  proper  measures  to  en- 
force all  the  ])ains  and  penalties  of  the  law  against  persons  found  guilty  of  a  violation 
thereof.  White  men  lawfully  married  to  natives  aud  residing  within  the  Territory 
are  considered  natives  within  the  meaning  of  this  order. 

John  Sherman, 
Secrttarif  of  the  Treasury. 


WINE   AND  BEER. 

The  Treasury  Department,  in  a  letter  to  the  collector  of  customs  at  Sitka,  Alaska, 
dated  October  7,  1881,  held  that  section  1955,  Revised  Statutes,  which  prohibits  ship- 
ments of  distilled  spirits  to  Alaska,  does  not  include  wine ;  and  also  by  letter  dated 
December  5,  1881,  to  the  collector  of  customs  at  Port  Townsend,  Wash.,  that  said  sec- 
tion does  not  include  beer,  which  is  a  fermented  li(iuor  aud  not  a  distilled  spirit. 

Previous  instructions  were  modified  accordingly. 


COPY  OF   LEASE  FROM   THE  UNITED  STATES  TO  T.IE   ALASKA   COMMERCIAL  COMPANY 
OF   TIIE   RIGHT  TO   TAKE   FUR-SEALS   IN   ALASKA. 

[Delivered  August  31,  !87().] 

This  indenture,  in  duplicate,  made  this  Ud  day  of  August,  A.  D.  1870,  by  and  be- 
tween William  A.  Richardson,  Acting  Secretary  of  the  Treasury,  iu  pursuance  of  an 


L>80 


SEAL    FISHKUIKS    IN    liKUlNG    SEA. 


',f^ 


'         ■   'I. 


■■•■)      > 


And  tilts  said  AluMkii  Conimcrfiiiil  Coiiipaiiy,  in  consideration  of  tlit;ir  right  nnder 
this  louse,  licrohy  coviMiiiiit  !ind  af?r(!c  to  ]»ay  for  ciich  yv.nv  (hiring  said  ter.ii,  and  in 
)»roportion  during  any  jiart  tlicrcof,  tlio  hiuii  of  S5'>,W'"  i"to  tlio  TrcaMury  of  the 
llnited  Statt's,  in  accordance  with  tlio  rcgiihitionsof  th»  Secretary  to  be  made  for  this 
]tMrpoHC  niKlcrsaid  act,  which  itayiiicnt  sliall  ho  sccnrcd  hy  deposit  of  United  States 
hoiids  to  tliat  anionnt;  and  also  covenant  and  agree  to  pay  annually  into  the  Treus- 
nry  of  the  Knited  Stat«!s  under  said  rules  and  regulations,  a  revenue  tax  or  duty  of 
.*"2  upon  each  fur-seal  skin  taken  and  shipped  hy  them,  in  accordanct!  with  the  jiro- 
visions  of  tlie  act  aforesaid;  and  also  the  sum  of  (i'Ji  cents  for  each  fur-seal  skin 
taken  and  sliijiped,  and  f).')  c<Mits  per  gallon  for  (siidi  gallon  of  oil  obtained  from  said 
seals  for  sale  on  said  islands  or  els(!where  and  sold  by  said  company.  And  also  cove- 
nant and  agree,  in  accordance  with  said  irnles  and  regulations,  to  furnish,  free  of 
charge,  the  iiihabitaiils  of  the  islands  of  St.  I'anl  and  St.  George,  annually  during 
said  t(^rm,  tweiity-iive  thousand  dried  salmon,  sixty  cords  iire-wood,  a  sulHcient 
finantity  of  salt,  and  a  siillicicnt  number  of  barrels  for  preserving  the  neccssarj  sup- 
ply of  meat. 

And  the  said  lessees  also  hereby  covenant  and  agree  during  the  teriii  aforesaid,  to 
luaintain  a  school  f)n  eacii  island  in  accordance  witli  said  rules  and  regulations  and 
snitabhi  for  the  education  of  the  natives  of  said  islands  for  a  period  of  not  hiss  thavi 
eight  months  in  each  year. 

And  tlu!  said  lessees  further  covenant  and  agree  not  to  kill  niion  said  island  of  St. 
Paul  more  than  7.'),000  fur-seals,  and  upon  the  island  of  St.  Get  rge  not  more  than 
•i,"),0()0  fur-seiils  per  annum;  not  to  kill  any  fur-seal  ujjou  the  islands  .aforesaid  in  any 
other  month  except  the  months  of  June,  July,  September,  and  October  of  each  year; 
not  to  kill  such  seals  at  any  time  by  the  use  of  tire-arins  or  other  means  teuuMig  to 
driv(!  tlu!  seals  from  said  islands  ;  not  to  kill  any  female  seal  or  any  seal  less  than  one 
year  old  ;  not  to  kill  any  seal  in  the  waters  adjatient  to  said  islands  or  on  the  beaches, 
cliffs,  or  rocks  where  tliey  haul  u])  from  the  sea  to  remain. 

And  the  said  lessees  further  covenant  and  agree  to  abide  by  any  restriction  or  lim- 
itation njion  the  right  to  kill  seals  under  this  lease,  that  tiie  act  prescribes  or  that  the 
Secretary  ot  the  Treasury  shall, judge  necessary  lor  the  preservation  of  such  seals. 

And  the  said  lessees  liereby  agree  that  they  will  not  in  any  way  sell,  transfer,  or 
assign  this  lease;  and  that  any  transfer,  side,  or  assignment  of  the  same  shall  be  void 
and  of  no  effect. 

And  the  said  lessees  further  covenant  and  agree  to  furnish  to  the  several  masters  of 
the  vessels  enif  loyed  by  them  certilied  copies  of  this  lease  to  be  presented  to  tiie  Gov- 
ernment revenue  olilicers  for  the  time  being  in  charge  of  said  islands,  as  the  authority 
of  said  lessees  for  the  landing  and  taking  said  skins. 

And  the  said  lessees  further  covenant  and  agree  that  they,  or  their  agents,  shall  not 
keej),  sell,  furnish,  give,  or  dispose  ofany  distilled  spirits  or  s[)irituousli(inors  on  either 
of  said  islands  to  any  of  the  natives  thereof,  such  person  not  being  a  physieia.i  and 
furnishing  tiie  same  for  ase  as  medicine. 

And  the  said  lessees  further  covtuiant  and  agree  that  this  lease  is  accepted  subject 
to  all  needful  rules  and  regulations  which  shall  at  any  time  or  times  hereafter  be  made 
by  the  Secretary  of  the  Treasury  for  the  collection  and  payment  of  the  rentals  herein 
agreed  to  be  paid  by  said  lessees;  for  the  comfort,  maintenance,  education,  and  pro- 
tection of  the  natives  of  said  i.slands,  and  for  carrying  into  effect  all  the  provisions  of 
the  act  aforesaid,  and  will  abide  by  and  conform  to  said  rules  and  regulations. 

And  the  said  lessees,  aceejtting  this  lease  with  a  full  knowledge  of  the  provisions 
of  the  aforesaid  act  of  Congress,  further  covenant  and  agree  that  they  will  fulfill  all 
the  provisions,  requirements,  and  limitations  of  said  act,  whether  herein  specilicaliy 
set  out  or  not. 

In  witness  whereof  the  parties  aforesaid  have  hereunto  set  their  hands  and  seals  the 
day  and  year  above  written. 

William  A.  RiciiAunsox,      [seal.] 
Acting  Secretary  of  the  Treasury. 
Alaska  Commkkcial  Company,      [skal.] 
By  John  V.  Millkk,  rreaidcitt. 

Executed  in  presence  of 
J.  H.  Savilli:. 


<  ' 


i 


Treasury  Department,  Office  of  the  Secretary, 

Washington,  D.  C,  uMarch  12,  1881. 

Sir:  Your  letter  of  the  19th  ultimo,  requesting  certain  information  in  regard  to  the 
meaning  placed  by  this  Department  upon  the  law  regulating  the  killing  of  fur-betar- 
ing  animals  in  the  Territory  of  Alaska  was  duly  received.  The  law  prohibits  the 
killing  of  any  fur-bearing  animals,  except  as  otherwise  therein  provided,  within  tbo, 
limits  of  Alaska  Territory,  or  in  the  waters  thereof,  and  also  prohibits  the  killing  of 
any  fur-seals  on  the  islands  of  St.  Paul  and  St.  George  or  in  the  waters  adjacent  thereto, 
except  during  certain  mouths. 


r  light  iiiulcr 
tei.ii,  and  in 
Jiisiiry  of  tlio 
made  fortius 
Iiiitwl  States 
lo  the  Treas- 
IX  or  duty  of 
vith  the  jiro- 
fiir-soal  skii) 
ed  from  said 
lid  also  cove- 
riiish,  free  of 
ually  during- 
a  Hiililicient 
jccssarj  sup- 
aforesaid,  to 
;ulations  and 
lot  less  thavi 

island  of  St. 
t  more  than 
'esaid  in  any 
f  each  year : 
s  teniJnj;  to 
less  than  one 
the  beaches, 

3tion  or  lim- 
s  or  that  the 
leh  seals. 
,  tr.'insfer,  or 
hall  be  void 

il  masters  of 
[  to  the  Gov- 
le  authority 

ts,  .shall  not 
orson  either 
ysicia.x  and 

ited  subject 
"ter  be  made 
nlals  herein 
)n,  and  pro- 
rovisions  of 
tioiis. 

^  lirovisions 
ill  fullill  all 
specilically 

ud  seals  the 

[seal.] 
Trcasuyy. 

[seal.] 


ARY, 

12,  1881. 

pard  to  the 
)f  fur-bear- 
tihibits  the 
within  tho_ 
a  killing  of 
mt  thereto, 


SEAL    FISHERIES   IN    BERING    SEA. 


281 


You  inquire  in  regard  to  the  interpretation  of  the  terms  "  waters  thereof "  and 
"waters  adjacent  thereto,"  as  used  in  tin  law,  and  how  fur  the  jurisdiction  of  the 
Unitdd  States  is  to  he.  understood  as  exteinlin;^. 

Presuming!;  your  ini|iiiry  to  rel.ite  more  espeeiallv  to  the  w;  lers  of  s>  estei'.i  Alaska, 
you  are  iiifonued  that  the  treaty  with  l^iissia  of  Manh  'Ml,  1',  '  liv  vvliich  the  Terri- 
tory of  Alaska  w;is  (•eded  to  tlie  United  States,  deliues  the  boundary  of  the  Terrirory 
HO  ctnied.  This  treaty  is  found  on  pa;;es  (JTl  to  tiTlt  of  tlie  volume  of  treaties  of  the 
Revised  Statutes.  Jt  w'll  be  seen  therefrcmi  that  the  limii  of  the  eessiou  extends  from 
a  line  startinj;  from  the  Arctic  Ocean  and  riinniiiii  lliroueli  lielii  ini^  Str.iil  to  the  north 
of  St.  Lawrenct!  Islands.  TIk!  Hue  runs  thiMice  in  ;i  soul  h  westerly  direction,  so  as  to 
pass  midway  between  the  islami  of  Attou  and  Copper  island  of  the  Kroiiianltoski 
couplet  or  ji;roni>  in  the  Nortli  Pacitic  Ocean,  to  meridian  of  VXi  decrrecs  of  west 
louyitude.  All  the  waters  within  that  liouudary  to  the  western  end  of  the  Aleutian 
Archipelago  and  chain  of  islands  are  considered  as  com|»rise(l  within  the  waters  of 
Alaska  Territory. 

All  tiie  i)enaltiesprescri;.e<l  liy  law  ag;^iust  the  killing  of  fur-bearing  animals  would 
therefore  attach  against  any  violati(.Mi  of  law  within  ihe  limits  before  described. 
Very  respectfully, 

H.  F.  Fkench, 
Acting  Setfetary. 

Mr.  D.  A.  Ancoxa, 

No  717  O'Farrell  street,  San  Francisco,  Cat. 


REGULATIONS   GOVERNING  TIIK   SEAL  FISHERIES   IN   ALASKA. 

The  law  limits  the  number  of  seals  which  may  be  killed  for  their  skins  on  the  isl- 
ands of  St.  Paul  and  St.  (ieorge  to  i()0,Ot)U  per  annum.  At  present  the  (piota  is  tixed 
at  80,000  for  St.  Paul  Island  and  )>f),Wm  for  St.  George  Islami.  This  proportion  may 
be  varied  from  time  to  time  by  the  Se(!retary  of  the  Treasury  as  facts  may  seem  to 
demand. 

The  skins  will  be  counted  by  the  Treasury  agents  as  they  are  placed  in  the  salt- 
Louses,  and  again  as  they  are  placed  on  board  the  vessel ;  and  a  daily  record  of  the 
count  will  be  kejit.  This  record  will  be  tiled,  and  from  it  will  be  entered  in  a  ledger 
a  proper  report  of  the  season's  catch.  At  the  close  of  (^ach  season  a  rejiort  to  the 
Treasury  Dei)artment  will  be  made  by  the  principal  ageiil,  showing  the  numher  of 
skins  taken  and  shipped,  which  will  include  the  skins  of  any  seals  killed  for  food  and 
accepted  by  the  com))any  as  part  of  its  <inota.  The  repo  t  will  also  show  to  what 
extent  the  company  has  ptuformed  the  other  conditions  Oi'  the  lease  with  respt-ct  to 
furnishing  snpiilies  to  the  natives,  keeping  tlie  school,  etc.,  and  generally  embracing 
a  review  tV>r  the  year  of  tin.'  condition  of  atl'airs  at  the  islands.  The  natives  are  ex- 
pected to  Derform  the  work  assigmul  them  in  an  oiilerly  anil  jiroper  manner,  aufl  the 
making  or  the  use  of  '•  (juass"  or  other  intoxicating  drinks  will  he  discouraged  by  the 
officers  of  the  company  and  of  the  (iovernment,  and,  when  neeessai'v,  the  issuaiuu^  of 
8npi)lie8  from  which  such  lieverages  can  be  made  may  be  refused.  To  do  tlie  coarser 
kind  of  work,  siicli  as  salting  tin;  skins,  eti-.,  the  comjiany  is  authori/ed  to  take  from 
other  parts  wf  the  T'erritory  a  i)r(i))er  number  of  men,  who  may  be  used  to  do  the  work 
of  killing  or  flaying  should  the  natives  of  the  islands  fail  or  refuse  to  do  their  work 
or  to  perform  it  in  a  satisfactory  manner. 

The  Treasury  agents  are  expect(;d  to  maintain  order,  re(|uire  the  attendance  of  the 
children  at  the  school,  and  lend  their  bi!st  ell'orts  to  regnlati;  tin.'  condition  of  affairs 
80  as  to  promote  the  welfare  of  the  natives  and  advance,  them  in  civilization. 

Occasional  visits  will  be  made  by  the  (iovernment  otlicers  to  Otter  Isl.'ind,  situate 
about  t)  miles  from  St.  Paul  Island,  where  largi^  numbers  of  seals  congregate,  in  order 
to  keep  olf  marauders  and  ju'eveiit  the  unlawful  killing  of  seals.  On  shipment  «d"  tlie 
skins  from  the  seal  islands  a  certilicate,  signed  liy  the  Treasury  agent  and  bv  the 
captain  of  the  vessel,  of  the  number  ol  skins  laden  on  board  will  be  niiide  out  in 
duplicate,  one  copy  to  be  given  to  the  captain  and  ontf  to  be.  i-c'tained  l>y  tlie  agent. 
The  captain  will,  on  arrival,  deliver  his  cojiy  to  the  cMillectorof  customs  at  San  Fran- 
cisco. Tiie  skins  will  lie  tleiii  counted  by  ollieers  derailed  by  the  colleeior  lor  that 
purpose,  and  a  record  of  eadi  day's  count  made.  Teiiiiiorary  jiay  iiKMit  of  tax  will  be 
accepted  on  the  count  of  skins  made  a^  San  Franeis(!o,  and  a  rejiort  will,  njion  iiay- 
nient  of  such  tax,  bi;  made  by  tin.'  coliet^tor  of  the  Treasury,  showing  the  number  of 
skins  embraced  in  the  certilicate  [n'esented  by  the  captain,  the  nuinlier  !iscei'taine<l 
by  the  San  Francisco  count,  ana  the  sum  piiid  a.s'tax.  Should  any  considerable  vari- 
ance bo  shown  by  these  reports  between  the  count  of  the  skins  made  at  the  islands 
and  that  made  at  San  Francisco  the  Department  will  take  such  action  iu  regard 
thereto  as  the  facts  may  appear  to  demand. 

8.  Ex.  IOC 19 


